Terms and Conditions
General Terms and Conditions (GTC) of RKM Brandschutzservice GmbH
1. Scope of Application
These General Terms and Conditions (GTC) apply to all contracts concluded between R.K.M Brandschutzservice GmbH (hereinafter referred to as “R.K.M”) and its customers regarding the provision of services in the field of fire protection and occupational safety as well as the sale of fire extinguishers.
2. Conclusion of Contract
2.1. The contract is concluded when R.K.M accepts the customer’s offer either by written confirmation or by commencing the provision of services.
2.2. Offers made by R.K.M are non-binding unless expressly agreed otherwise.
3. Services and Sale of Fire Extinguishers
3.1. R.K.M provides services in the fields of fire protection, occupational safety, and safety consulting, including but not limited to: maintenance of fire extinguishing equipment, conducting fire safety training sessions, workplace inspections, and safety consulting.
3.2. In addition, R.K.M distributes high-quality fire extinguishers and other fire protection equipment.
3.3. The specific services as well as the sales conditions are described in the respective contract or offer.
4. Prices and Payment
4.1. The prices for services and products are specified in the contract or offer. All prices are exclusive of statutory value-added tax (VAT).
4.2. Payments are due within 14 days of invoicing without deductions unless otherwise agreed.
4.3. In the event of default in payment, R.K.M reserves the right to charge default interest at a rate of 8% above the base interest rate.
5. Obligations of the Customer
5.1. The customer is obliged to provide all necessary information and documents required for the proper provision of services by R.K.M.
5.2. The customer undertakes to comply with agreed dates and deadlines and to grant R.K.M access to the required workplaces and materials.
6. Liability
6.1. R.K.M shall be liable for damages caused by intentional or grossly negligent breaches of duty.
6.2. In all other respects, R.K.M’s liability shall be limited to damages typical for the contract and foreseeable. Liability for slight negligence is excluded.
6.3. Liability for damages caused by the customer or third parties is excluded.
6.4. In the execution of fire extinguishing exercises, R.K.M assumes no liability for damages that may occur at the site of operation, such as damage to road surfaces due to heat radiation or to parked vehicles. The client must ensure that the exercise is conducted in an area where no damage can occur.
6.5. In the sale of fire extinguishers, R.K.M assumes no liability for improper handling or installation by the customer. It is the responsibility of the customer to use and maintain the equipment in accordance with the instructions of R.K.M or the manufacturer’s guidelines.
7. Data Protection and Handling of Customer Data
7.1. R.K.M undertakes to protect personal data as well as all company-specific information of the customer in accordance with the applicable data protection laws.
7.2. The collected data shall be used exclusively for internal order processing and fulfillment. Data will only be passed on to third parties if this is necessary for the performance of the contract or if the customer has expressly consented.
7.3. R.K.M shall not use customer data or company data for other purposes or disclose it to third parties without the express consent of the customer.
8. Amendments and Supplements
8.1. Amendments or supplements to these GTC must be made in writing.
8.2. Oral side agreements shall have no validity.
9. Final Provisions
9.1. The law of the Republic of Austria shall apply, excluding international private law.
9.2. The place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of R.K.M, provided the customer is a merchant or has no general place of jurisdiction within the country.
9.3. Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a valid regulation that comes as close as possible to the economic purpose of the invalid provision.
