Addendum to General Terms and Conditions for the Sale and Delivery of Organisation, Programming Services and Work Usage Licences for Software Products relating to Liability for Security Solutions (B2B)

2026 version

IT-Debug Consult e.U

Lorenz-Böhler-Gasse 4/3/73
1200 Wien

T: +43-(0)-676-9539803

E-mail: office@it-debug.at
https://www.it-debug.at

Supplementary liability regulations for security solutions of any kind

  1. Electronic security solutions are any electronic systems that are intended to protect persons and/or property (e.g. properties and paths; buildings and structures; operating facilities and machinery; vehicles, etc.) against undesirable effects, use and/or commissioning (destruction, injury, removal, unauthorised commissioning, etc.), regardless of whether this is caused by conscious or unconscious behaviour, coincidence, natural hazards, etc., e.g. security solutions such as alarm and video surveillance systems, electronic access controls, water, fire and/or smoke detectors, etc. The person and/or object intentionally detected by the security solution is subsequently referred to as the security object. The other persons and/or objects located in or on the security object, to which the security purpose also extends, are the security items.

  2. The Customer is obliged to indicate in writing the material and/or non-material value of the security object including the security items. If this is not done, a total value of the security object including the security items of € 5,000 shall be assumed and any liability shall be limited to this value. In any case, the Contractor's liability shall be limited to the maximum liability amount of any liability insurance taken out.

  3. If the installation and/or use of the security solution is dependent on the consent/authorisation of third parties (e.g. company agreements, approvals, etc.), the Customer must obtain these itself. The same shall apply to any official notifications and/or authorisations, unless the Contractor has been expressly commissioned to handle them.

  4. The security solution only offers those functionalities that result from the existing documents (e.g. product description, technical data sheet, tender text, operating instructions, etc.) and the other written information provided for this purpose. The Contractor shall not be liable for their correctness or completeness unless the documents or information mentioned originate from the Contractor itself.

  5. The Contractor's liability shall be governed by the provisions set out in the General Terms and Conditions. The following shall apply in addition:

    • The Customer shall notify the Contractor of any damage occurring no later than one (1) month after becoming aware of it, failing which it shall forfeit all claims. The Contractor accepts no liability for damage caused by failure to carry out necessary or regular maintenance of the security solutions (unless the Contractor has been commissioned to carry out maintenance itself), improper use, disregard of operating and/or installation instructions. Furthermore, the Contractor shall not be liable if the security solution fails to function due to active or passive external influence, whether by manipulation or by overcoming the security solution.

    • If changes have been made to the security solution by persons other than the Contractor (including third parties called in by the Contractor) or if the defect or damage is based on provisions or contributions that are not attributable to the Contractor (in particular those of the Customer), any warranty and liability shall lapse. The same applies if the defect or damage is based on configuration instructions of the Customer that deviate from those recommended by the Contractor or manufacturer. The same applies to damage resulting from natural wear and tear or improper handling.

    • No liability is accepted for incorrect reactions of the security solutions, in particular due to force majeure, environmental influences or human, animal or other external influences.

    • If the security solution relies on a communication system that is not part of the security solution (such as an Internet, mobile phone or telephone connection), the Customer is responsible for the functionality of the communication system. The Contractor shall not be liable for a failure of the communication system or other damage that occurs due to such a failure.

    • If the security solution uses an internal communication system (e.g. Bluetooth, internal W-LAN, radio), the Contractor shall carry out the positioning in such a way that functional communication is guaranteed. If the communication does not function properly due to a positioning request by the Customer, the Contractor shall not be liable for this or for any resulting damage. In this case, any additional costs incurred to restore functionality shall be borne by the Customer at the usual rates.

    • The Contractor shall only be liable for damage caused by a functional failure of the security system attributable to the Contractor if the Contractor is demonstrably notified of the functional failure immediately after it occurs and the Contractor does not rectify the failure within 24 hours. Reference is made to the Customer's duty to minimise damages.