General Terms for Conditions for Sale, Delivery and Courses
Scope, terms and conditions for customers/exception
1. For all deliveries and other services to companies according to § 310 para. 1 BGB our present terms and conditions shall exclusively apply. These also apply to all future agreements with the customer, even if they are not expressly agreed upon once more.
2. We do not accept any conflicting terms and conditions of our customers unless we have expressly agreed upon their validity in writing. Our general terms and conditions apply even if we provide services to the customer unconditionally even though we are aware of conflicting or differing terms and conditions of the customer. Deviating agreements and verbal agreements are only effective when we confirm them in writing or by fax or email.
Quotation, scope of services rendered and contract conclusion
1. Information on our part in catalogs, brochures, the Internet or other media does not represent a quotation; the contract is concluded solely – for lack of a special agreement – with acceptance (confirmation of order) on our part.
Orders (offers to conclude a sales contract) must be formulated in written manner (e-mail, fax or letter).
2. The customer is bound to his offer to conclude a sales contract (order) for two weeks. We can only accept the offer within these two weeks by making a notice to the customer (order confirmation).
3. Offers are always subject to change on our part.
4. For the scope of the owed service defined by contract solely our order confirmation is legally binding.
5. We owe only the supply of goods of average type and quality.
Prices, changes of price and payment
1. Our prices do not include the cost of packaging and transport as well as the legally owed value added tax.
2. Unless agreed upon otherwise, payment is to be made free of costs and in full within 30 days of receipt of the invoice. Rate- or partial payments are not accepted. A delivery to new customers will only be made after payment in advance.
3. We reserve the right to increase our prices adequately if, after the contract has been concluded, costs increase, particularly because of changes in the U.S. $ exchange rate.
4. Errors in calculation, computation, writing or pictures are reserved.
5. Duties or freight charges are to be paid by the customer. We will provide evidence of these costs to the customer upon request.
6. The customer will be in default even without a reminder, § 286 III BGB. Costs for possible reminders can be charged to the customer´s account with an overall rate of 10,00 EUR/reminder.
7. In the event that the customer is in default, on demand he must pay default interest at the rate of eight percent above the base rate. We are entitled to charge the customer a higher interest rate if there is legal ground to do so.
Shipping / delivery period
1. As far as no specific delivery period is agreed upon, the delivery (i.e. delivery of goods to the post office), is usually made within three working days of receiving the order.
2. Post office boxes are not accepted as a shipping address.
3. In the event of unforeseen events, for that we are not responsible, and that preclude us from delivering our service, such as cases of force majeure, strikes, breakdowns in our own company or the company of our suppliers, transportation difficulties, etc., as well as administrative measures, such as inspection of goods by customs, the delivery period is extended by the duration of the problem if we are thereby prevented from timely fulfillment of our obligations. These we will prove to the customer on demand.
The risk of accidental loss and accidental deterioration of the purchased goods passes over to the customer as soon as we have delivered or handed over the purchased goods to the post, the freight forwarder, the carrier or to another person or institution responsible for the execution of the transport.
A transport insurance is only effected at the written request of the customer, the costs are borne by the customer.
We reserve the ownership of the goods until full receipt of the purchase price. To exercise the right to retain ownership, we are also entitled without cancelling the contract.
Examination of goods / report of defects
The customer has to inspect the goods upon receipt within 48 hours for shipping damage, completeness or other defects, and report such damage or defects, indicating the specific defect within a further 24 hours.
Hidden defects must also be reported within 24 hours of discovery, stating the specific defect.
For the timeliness of the complaint it is sufficient to dispatch the complaint by letter (significant is the date of the postmark) or fax (significant is the fax signature).
Claims arising from defects / liability
1. The legal claims of the customer arising from defects require that the customer has complied with the obligation to inspect the goods and report defects in accordance with § 7. Otherwise, any warranty claims are excluded.
2. In the case of removal of defects by supplementary performance the customer must return the rejected product immediately to us. For the duration of use the customer must grant compensation for lost value in terms of § 346 clause 2 BGB and/or refund the benefits that have been made of the goods in terms of § 346 clause 1 BGB.
3. We are liable under the law for damages as follows:
a. in the case of a culpable breach of an essential contractual obligation the indemnity liability is restricted to the foreseeable, contract-typical
damage, unless the infringement of the contract was intentional.
b. for other breaches of responsibilities, we are only liable for deliberate intention or gross negligence, including deliberate intention or gross negligence of our representatives and vicarious agents. In the case of only gross negligence, the liability is limited to the foreseeable, contract-typical damage.
4. The liability for faulty damage to life, the body or health remains unaffected; this is also valid insofar as liability according to the product liability law is given.
5. Unless previously agreed otherwise, the liability is excluded.
6. For the customer the limitation period for claims arising from defects is 12 months from receipt of goods.
Applicable law / competent court / contract language
Swiss law applies; the application of the CISG Convention is excluded. Exclusive court of jurisdiction is Chur/Switzerland.
The contract language is German.
Written form requirement
Collateral agreements, changes or additions must be made in written form in order to be effective. Also the agreement on the abolition of the written form requirement must be made in writing.
The present General Terms and Conditions for Sale and Delivery in English are a translation of their original German version. In case of litigation only the German version shall apply.
1. Course Description / Content
Each course is based on its individual course description. It contains specific information on each course offered by us and contains information about the purpose and content of the course.
Food, travel and accommodation costs are not included in the course fees, unless explicitly stated in the course description differently.
For mandatory registration the appropriate online registration form on www.hbimed.com must be completed. Alternatively, the registration form provided by the course organizer can be filled out and returned by e-mail or post. The maximum number of participants may be limited.
Registrations will be considered in the order they are received and will be confirmed by the course organizer, or declined without giving any reason, in writing or by electronic means.
The applicant agrees to the storage of his data under consideration of the federal data protection law and by his registration he expressly permits the course organizer to contact him in writing or by telephone.
3. Services and fees
For information on the course fees, and their underlying services, please see the course description for the respective course.
The money must be transferred to the bank account stated on the invoice until the payment date stated on the invoice. For later sign-ons, payment must be made until the day the course begins at the latest.
4. Cancellation by the course organizer
The course organizer may, at any time, cancel a seminar with good cause (too few participants, illness of a lecturer, etc.), or may exclude individual members from participation of the seminar without naming the reason, even after confirmation of registration. In this case, the affected participants will be informed immediately and will be returned pre-paid seminar fees in full. Further claims cannot be invoked, especially the cost of already booked rooms, travel expenses, lost earnings, etc.
5. Cancellation by the participant
The conditions for cancellation noted on the respective registration form apply. These arrangements apply, unless a substitute participant is named and registered.
6. Implementation Deviation
The seminar organizer reserves the right to change dates and places of execution.
All rights of reproduction and duplication of training materials or parts thereof are reserved by the seminar organizer. No part of the course materials may, in whole or in part, be reproduced, especially by using electronic systems, copied, distributed or used for communication for the public in any form, not even for use in lectures, without written consent of the course organizer.
Any software that may be provided during the course may not be copied in part or entirely.
The course organizer assumes no liability for objects of any kind the customer or seminar participants brought with them to the courses. Each participant is fully liable for himself and his actions within and outside the organized event. He is fully responsible for any damage he does.
Furthermore, we refer to our General Terms and Conditions.
10. Final provisions
The present General Terms and Conditions for Courses in English are a translation of their original German version. In case of litigation only the German version shall apply.