General terms and conditions of business
FMEAplus AKADEMIE GmbH
§ 1 Scope and conclusion of contract
- We execute orders only to these General Terms and Conditions (GTC). The terms and conditions of the customer are not part of, also not if we do not explicitly contradict.
- Incidentally, changes to these Terms of us need to be confirmed in writing to be effective.
- They also apply to all future business relations, even if they are not expressly agreed again.
- Our offers are non-binding.
- Employees or partners are not authorized to make verbal agreements or give verbal assurances which go beyond the content of the written contract.
§ 2 Prices
- Our prices quoted are net prices comes added VAT.
- Are fixed prices has not been agreed, we can pass on changes of order-related costs incurred after the conclusion, to the Purchaser. Additional costs, which are caused by changes requested by the customer are always borne by the Buyer.
§ 3 Dates
- Agreed performance dates are subject to unforeseen events and force majeure.
- We reserve the right to change the scope of quality assurance manager and make other necessary changes to the program.
- Delivery dates are subject to the condition that the customer the order not later changes, we will provide the necessary to perform the contract documents and information in a timely manner and fulfill its obligations to cooperate and and Obligation.
- In case of cancellation / non-compliance with agreed deadlines by the customer, a cancellation fee will be charged. At 2 weeks before the date we charge 50% and at a week earlier and later the total amount of the total price of the planed days.
- In case of cancellation / non-compliance with agreed deadlines by the FMEAplus Academy, the participation fee already paid will be refunded. Further claims are excluded.
- Organized by the Academy free training / workshop / coaching: the environment and providing the resources (rooms, catering, beamer, etc.) is the responsibility of FMEAplus Academy.
- Inhouse Training / Workshop / Coaching /Moderation the organization the environment and providing the resources (rooms, catering, beamer, etc.) is in customer responsibility.
- In workshops, moderations and coaching the client is responsible for the content.
- The methodical responsibility lies in each case with the respective moderator / trainer / coach.
§ 5 Payment
- Insofar as these terms and conditions or individual contract otherwise agreed, we are entitled to ask for our services provided reasonable interim payment invoiced.
- Invoices are, unless otherwise agreed, to be paid immediately without any deduction.
- The customer may only offset undisputed, legally established or disputed, but demand for decision.
- If the buyer with the payment of a debt in arrears, our claims shall become payable. We are willing to make during the period of delay, the performance depends on a down payment in the value of our work done. We may adjust the processing of the order and make its continuation conditional on the customer providing security to the total contract value. For this case we shall set a reasonable deadline with the statement that we refuse after the expiry of the deadline to fulfill the performance and claim damages for non-performance or to withdraw from the contract.
- The provisions of the preceding paragraph also apply, if we become aware after the conclusion, that the customer has suspended payments or his financial circumstances become significantly occurred, which undermine our claim for payment.
- We are entitled to rescind the contract, unless the customer has incorrect information about facts which determine its creditworthiness made, has its payments dropped or if the opening of composition or bankruptcy proceedings against his assets is requested.
§ 6 Warranty
- It is the statutory warranty obligation. Defects by the customer-provided materials and information (including drawings) are not committed to guarantee.
- Are done by us works are defective, we are entitled to choose whether to improve or replace the goods; depending on the defect several times. Fails to repair or replacement, or if we refuse it, the purchaser may demand a price reduction or rescission of the contract at his discretion. The same applies if we are in default with these services and set by the buyer with the threat of refusal period has expired.
- In order to maintain his warranty rights of the purchaser shall notify us obvious defects at the latest within two weeks after the service, hidden defects immediately after their discovery.
- If a defect of our services to faulty services that we have procured from third parties, we can accept the guarantee in that we assign our claims against the third party or the customer, unless we have the defectiveness after careful examination can detect or the purchaser by the assignment of our warranty obligations is comparable position. Our obligation to ensure only ends with the final enforcement of warranty claims against third parties.
§ 7 Limitation of Liability
- The amount of the liability is a maximum of the agreed contract value.
- If we do not deviate instructions given by us, we are not obliged to consider whether we carry out orders infringe rights of third parties (in particular copyright or patent rights). The Purchaser shall indemnify us of a claim.
- For damages, which we are responsible, we shall be liable - on whatever legal grounds - only if intent or gross negligence. This also applies to our employees or partners.
§ 8 Copyrights
- Manufactured by us designs and templates are protected by copyright and belong to us. They may not be duplicated or made available to third parties, unless this is indispensable for the execution of the order.
- Intellectual property rights, we transferred to the purchaser only insofar as these are necessary for dedicated use of the work given by us.
§ 9 Nondisclosure, data protection, usage rights
- The contractor processes and uses personal data of the purchaser only within the company and only for issues related to the contract. Forwarding personal data (incl. address, phone numbers) to third parties is strictly forbidden, except this is necessary to execute the contract (e.g. within project teams)
- The contractor provides means for safe data exchange as well as encrypted messaging (pgp encryption of e-mail and encrypted messaging via threema). Nevertheless, the contractor needs to use quasi-standard communication methods also. The contractor cannot be held responsible if personal data like address or phone numbers are used, processed, or forwarded to third parties by these service providers (e.g. WhatsApp Inc., Microsoft Inc., etc.)
§ 10 Applicable Law, Jurisdiction, Severability
- These terms and conditions and the entire legal relationship between the parties, the law of the Federal Republic of Germany.
- As far as the customer is a merchant according to the Commercial Code, a legal entity under public law or public law special fund, Wangen / Allgaeu is the exclusive jurisdiction for all disputes arising from the contractual relationship directly or indirectly resulting in disputes.
- If any provision in these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions or agreements.