§1 Scope of Validity
Deviations from these terms and conditions shall not be recognized by ISD FENIQS, except where expressly agreed to. The General Terms and Conditions shall also apply if ISD FENIQS, with knowledge of conflicting or deviating terms and conditions of the Customer, carries out delivery to the Customer without reservation. Supplementary agreements and deviating agreements shall become legally effective only upon written confirmation by ISD FENIQS. The terms of sale also apply to future transactions with the Customer.
Terms and Conditions of Sale, Delivery and Payment
§2 Conclusion of the Agreement
Offers are subject to change and are non-binding, unless otherwise stated in the order confirmation. Offers and order confirmations are always subject to timely and orderly delivery by ISD FENIQS suppliers. The Customer will be immediately informed in the case of non-availability. Contractual services already rendered will then be immediately reimbursed. The terms of sale also apply to future transactions with the Customer.
Prices are ex ISD FENIQS offices in Ludwigshafen am Rhein. VAT and other statutory duties in the delivery country including packaging, shipping costs and environmental charges shall be charged to the Customer as per the currently valid prices. ISD FENIQS reserves the right to increase the price appropriately if cost increases occur after the conclusion of the contract, particularly due to price increases on the part of suppliers and exchange rate fluctuations. ISD FENIQS shall report such changes at the request of the Customer. Payments are due immediately without any deduction, immediately after the Customer receives our invoice.
§4 Terms of delivery
The date of delivery shall be agreed upon in accordance with ISD FENIQS’s expected performance and shall be non-binding and subject to timely self-delivery (in the case of non-availability, the principles set out under 2 become valid) and unforeseen circumstances and hindrances, irrespective of whether these occur on ISD FENIQS or the manufacturer’s premises, in particular force majeure, government action, the non-granting of official permits, labor disputes of all kinds, sabotage, lack of raw materials, delays in material supply through no fault of ISD FENIQS, etc.
In the case of such events, the delivery deadline is correspondingly extended, even if these events occur during a delay in delivery. Should ISD FENIQS be in default with a delivery for more than four weeks, the buyer may, after a reasonable period of grace set in writing, withdraw from the contract to the exclusion of further claims. ISD FENIQS expressly reserves the right to make reasonable partial deliveries and the associated billing. In the case of fulfillment of services, regular ISD FENIQS working hours are from Monday to Friday from 7 am to 6 pm except on holidays.
Shipping usually takes place from Ludwigshafen. Unless stated otherwise in the order confirmation, delivery is agreed to be ex works. The risk passes to the Customer with transfer to the freight carrier, its agents or other persons. This also applies if transport costs are borne by ISD FENIQS. Complaints due to transport damage must be made by the buyer directly to the transport company within the stipulated special deadlines. The conclusion of transport or other insurance policies is the responsibility of the Customer. This also applies to returns, see § 8.
§5 Retention of title & compensation regulation
ISD FENIQS retains title to the delivered goods if it is still entitled to claims from current and future business relations with the Customer in the amount of the respective invoice amounts. The Customer shall relinquish in full its claim from resale and from the products delivered by ISD FENIQS. If the Customer properly fulfills its obligations to ISD FENIQS, it is entitled to collect these claims in its own name. If the value of the collateral provided exceeds 20 per cent of ISD FENIQS’s claims, ISD FENIQS undertakes to release collateral in this respect. The choice of the collateral to be released is the responsibility of ISD FENIQS.
If the Customer does not fulfill his acceptance obligations, ISD FENIQS shall be entitled to claim 10% of this sum as compensation without proof, unless the Customer is able to prove a lower loss. Higher damages for ISD FENIQS are also not excluded, as far as ISD FENIQS can prove that higher damages are involved.
§6 Terms of payment
Invoices are payable net cash immediately upon receipt of the goods. The date of the invoice is deemed to be the date of dispatch. Payment will only be deemed to be due if the means of payment (e.g. checks) is received by ISD FENIQS for redemption within 7 days from the date of the invoice. Checks are accepted subject to final redemption or crediting to our account. If a payment due date is granted, the payment is only made in time if the means of payment (e.g. check or cash) is received by ISD FENIQS for redemption on or before the deadline date, or if the agreed invoice amount is credited to our account by transfer by that date. The burden of proof of timely payment lies with the debtor.
The purchase price was calculated on the basis of absolute compliance with the agreed payment objective. In the case of non-timely payment, the parties agree that the purchase price shall increase by five percent. We ourselves take out credit with banks; one percent per month of interest will therefore be additionally charged for arrears, unless we can prove that even higher damages have been incurred through the default of payment. Agreements differing from this shall only be valid if these are particularly noted for each individual delivery on the order confirmation and invoice. The Customer is not entitled to offset sums of money against ISD FENIQS or to exercise any right of retention, unless the claims of the Customer against ISD FENIQS are undisputed or have been legally established.
§7 Liability for defects
The assertion of the Customer’s warranty rights is based on the assumption that the Customer has properly complied with its inspection and complaint duties. Warranty rights are excluded in the case of the sale of second-hand goods. If warranty rights for defects exist, the Customer, before attempting to make a claim against ISD FENIQS, is obliged to make a serious attempt to reach an out-of-court settlement of the claims arising from the manufacturing guarantee against the manufacturer. ISD FENIQS will support the Customer in this. The warranty claims of the Customer shall otherwise remain unaffected. If and insofar as the Customer is not satisfied, we are entitled, at our discretion, to subsequent fulfillment by remedying defects or by providing a replacement delivery. Replaced goods or parts thereof are our property and shall be returned to us.
If we are neither willing to carry out subsequent performance or are not in a position to do so, or if such performance is delayed beyond reasonable time periods for reasons for which we are responsible, or if subsequent performance fails in any other way or is not reasonable for the Customer, the Customer has the choice to withdraw from the contract or to demand a corresponding reduction of the purchase price. In the event of withdrawal, the Customer shall accept the offsetting of the benefit of use (derived up to the date of the withdrawal). The benefit of use for the period up to contract withdrawal is calculated pro rata on the basis of the purchase price and the usual total useful life of the goods, unless such use was either limited or not possible at all due to the defect.
The right of both parties to prove a lower or higher benefit of use remains unaffected. A negligible defect does not entitle the Customer to withdraw from the contract. If an inspection shows that a defect does not exist, we are entitled to invoice the Customer for an administration/processing fee.
In this case, the Customer is not obliged to prove a lower amount than the invoice.
Warranty claims expire 12 months after the transfer of risk. If the goods are the subject of a sale of consumer goods, the rights of the Customer pursuant to §§478, 479 of the German Civil Code (BGB) remain unaffected, provided the Customer has the fulfilled its inspection and complaint obligations as per §377 of the German Commercial Code (HGB). For deliveries after expiration of the guarantee, we charge the Customer a processing fee of at least €50. This also applies if the article is irreparable or was not obtained from us.
Returns are subject to our approval. Returns are to be delivered free of charge to ISD FENIQS. Unless otherwise agreed, returns can only be processed by us if the return shipment is accompanied by a return shipment slip indicating the returned material authorization number (hereinafter RMA) and the Customer number and if the rejected goods are returned in the original packaging. The Customer will receive the RMA and RMA number on request. The notification of the RMA number does not in any case signify an acknowledgment of the defect or other objection of the Customer. In any case, the return, as well as the risk of accidental loss, is at the Customer’s risk. In the case of returns for which the Customer is responsible, in particular – but not exclusively – in the case of acceptance refusals, we will charge a re-storage lump sum.
General Terms and Conditions for Seminars
§9 Registration for open seminars
Open seminars are training events from our training portfolio; any Customer can take part in them. Prices and dates are published on the Internet or delivered on request. Registrations must be made in writing by letter, fax or online registration form. The booking will be confirmed in writing. The invoice will be sent together with the booking confirmation and is due for payment immediately.
§10 Offers for closed seminars
Closed seminars are training events which are prepared and carried out exclusively for one customer. Written offers remain valid for three months. The date the offer was drafted applies.
§11 Terms of Payment for Seminars
RInvoices are payable immediately upon receipt without deduction. If the invoice amount has not been received within 30 days after the date of the invoice, the ISD FENIQS GmbH is entitled to claim interest on arrears. One percent per month of interest will be additionally charged for arrears, unless we can prove that even higher damages have been incurred through the default of payment.
Payments are generally to be made free of charge for the recipient. This also applies to payments from abroad and also when a transaction fee is charged. The costs of payment transactions are always borne by the initiator of the transaction.
All seminar fees are subject to the VAT applicable at the time of performance. If the VAT tax rate is changed during the contractual period, the periods with differing sales tax rates are deemed to have been agreed separately.
§12 Cancellation of Open Seminars
Cancellations must always be made in writing. The contractual partner can cancel the contract free of charge, in the case of cancellation up to four weeks before the start of the seminar. For cancellations that are submitted less than four weeks before the beginning of the seminar, 50% of the seminar fee will be charged. In case of non-attendance or if the cancellation is submitted less than 4 working days before the beginning of the seminar, the full seminar fee will be charged. Participants are not entitled to claim refund for any parts of the services or courses they did not utilize or attend. Participation in the seminar is transferable at any time.
§13 Cancellation of Closed Seminars
Written confirmation of dates for closed seminars, business consultations, lectures and coaching sessions can be canceled free of charge up to 6 weeks before the event; up to three weeks before the deadline, the contract partner can nominate an alternative date, otherwise we will invoice the costs of our course preparation.
In the case of cancellations less than 3 weeks before the start of the event, the Customer will be charged 50% of the agreed daily rates or flat rates.
In case of non-attendance or if the cancellation is submitted 4 working days before the beginning of the seminar, the full seminar fee will be charged. Participants are not entitled to claim refund for any parts of the services or courses they did not utilize or attend. Participation in the seminar is transferable at any time. Costs for third-party services shall in principle be borne by the Customer.
§14 Changes in the scope of services
One contracting partner may apply in writing to the other contractual partner for changes to the agreed scope of services. Upon receipt of an application for change, the recipient shall then review the amendment as to whether or not and under which conditions it is feasible. The recipient then informs the applicant of its consent or rejection in writing without delay, giving reasons where necessary. The content and structure of the seminar program and the use of the trainers can be changed, while at the same time the overall character of the seminar is preserved. This does not entitle the participant to withdraw from the contract or to reduce the invoice amount.
§15 Seminar Cancellation
ISD FENIQS GmbH reserves the right to cancel open seminars with a less than minimum number of participants (usually less than 6 participants) up to 3 days before the start of the seminar and to offer replacement dates. If the seminar is canceled due to illness of the trainer, force majeure or other unforeseeable events, there is no entitlement to performance of the seminar. There is also no entitlement to compensation for travel and overnight accommodation, nor for loss of work. No liability shall be accepted for indirect damages, in particular for lost profits or the claims of third parties.
§16 Confidential Information, Data Protection
Contracting partners shall deal with important and not generally known matters of the other contracting party with the confidentiality customary in business life. However, the contract partners are free to use ideas, concepts, know-how and techniques relating to personnel and organizational development.
Contractual partners will only process or use personal data of the other contract partner for contractually agreed purposes. They shall in particular safeguard this data against unauthorized access and only pass it on to third parties with the consent of the other contracting party.
§17 Copyright Law
By registering, seminar participants undertake to observe the following points: Seminar workbooks or documents, etc., are subject to copyright law and may not be photomechanically or electronically reproduced at any time or under any circumstances; such documentation is only intended for the personal use of the course participants and may not be passed on to third parties.
§18 Duty to cooperate
In the event of any impairment or disruption of performance that may occur, you are obliged to do anything (that can be reasonably expected of you) to remedy or limit the disruption.
Each seminar is carefully prepared and carried out according to our current state of knowledge. We neither assume liability for advice given, nor for the utilization of the knowledge acquired; ISD FENIQS is only liable for damages caused by the lack of characteristics which have been assured by ISD FENIQS in writing, as well as for damages caused by ISD FENIQS intentionally or through gross negligence.
Liability is limited to the seminar price. We expressly point out that sports, adventure and/or similar events in seminars are always subject to a special risk. All participants should be able to meet the requirements of the seminar. They themselves are responsible for their actions and their physical and mental health. ISD FENIQS assumes no responsibility for disadvantages resulting from missing seminar requirements on the part of the participants.
We reserve the right to exclude participants from the event program, who by their behavior damage our reputation as guests in foreign regions. In such cases, the costs incurred in the event of early departure shall be borne by the Customer.
§20 Guarantee of Satisfaction
Participants in open seminars who have reason to be dissatisfied with the quality of our events are entitled to reimbursement of the seminar price.
§21 Place of Performance & Jurisdiction
The place of performance for seminars, delivery and payment as well as the court of jurisdiction is Ludwigshafen am Rhein. The law of the Federal Republic of Germany shall apply exclusively to all legal relationships arising out of the contractual relationship, excluding the United Nations Convention on Contracts for the International Sale of Goods.