1. GENERAL / CONCLUSION OF CONTRACT
1.1 These General Terms and Conditions shall apply exclusively to all services.
1.2 Deviations from these General Terms and Conditions, supplementary agreements and ancillary agreements must be in writing or expressly confirmed in writing.
1.3 Our statements and offers with regard to the quotations made by us are subject to change without notice, unless a binding order confirmation is expressly made. In this respect, Advanced Training Technologies GmbH is also entitled to make changes to the services to the extent that they are reasonable for the customer for the best possible completion of the order. It is pointed out to the customer that he does not have to accept services which he has not ordered or which he has not ordered in this way.
2.PRICES AND PAYMENT CONDITIONS FOR THE FLUIDTRAINING PRODUCT SECTION
2.1 The prices valid at the time of the order confirmation shall apply to all services.
2.2 We reserve the right to make price changes that become necessary due to changes in laws and customs duties, etc.
2.3 Our prices are exclusive of travel costs and expenses, unless otherwise agreed in writing.
2.4 Invoice amounts are due and payable net without deduction within 14 days of the invoice date. Partial services may be invoiced separately. In the event of a delay in payment, we shall be entitled to charge interest on arrears at a rate of 5% above the respective base interest rate announced by the Deutsche Bundesbank. We reserve the right to claim damages for default in excess thereof. Bills of exchange or checks will only be accepted by agreement and on account of performance. Discount and collection charges shall be borne by the customer. We assume no liability for timely presentation.
2.5 In the event of default on the part of the customer, we shall be entitled to refuse all services to the customer, including those arising from other contractual relationships. We shall not be liable for any damages resulting from such non-performance.
3. WARRANTY / DISCLAIMER / COMPLAINTS, CRITICISM, SUGGESTIONS
3.1 We guarantee that the devices used are free of errors according to the respective state of the art and comply with the recognized rules of technology.
3.2 We accept no liability for damage resulting from improper use, non-observance of application instructions or incorrect or negligent use.
3.3 Obvious defects must be reported immediately, otherwise all claims for defects are excluded. In addition, §377 and §378 HGB apply to commercial transactions.
3.4 In all cases, claims for damages can only be asserted against us if we are guilty of intent or gross negligence. Insofar as our liability is excluded, this also applies to the personal liability of our employees, employees, representatives and vicarious agents.
3.5 Advanced Training Technologies GmbH is not liable for damage caused by accidents in the training rooms and by loss or theft of things brought into the training rooms, in particular cloakrooms or valuables.
3.6 Send your correspondence, any criticism, suggestions or complaints to Advanced Training Technologies GmbH, Am Förderturm 5 c, 44575 Castrop-Rauxel or to: email@example.com and to: www.sk-att.com.
4. WITHDRAWAL AND COMPENSATION FOR SERVICES NOT PERFORMED
4.1 ATT GmbH must in any case be notified of a withdrawal in writing or in text form.
4.2 We may withdraw from the contract if we become aware of a cessation of payments, the opening of bankruptcy or composition proceedings, the rejection of bankruptcy for lack of assets, bill or check protests or other concrete indications of deterioration in the financial circumstances of the customer. In this case, all outstanding invoices shall become due immediately and we may make all further services dependent on the provision of an advance payment, a directly enforceable bank guarantee or other securities.
4.3 If the service is not carried out for reasons for which the customer is responsible, compensation amounting to 80% of the order price must be paid within 6 weeks before the start of the order. We reserve the right to claim a demonstrably higher compensation. The lump-sum compensation shall be reduced to the extent that the customer proves that expenses or damages have not been incurred.
4.4 Special regulations for cancellation of training events
– The following cancellation deadlines and fees apply:
o up to 6 weeks before the start of an event, cancellation free of charge
o from 6 weeks before the start of an event 25% of the training fee plus VAT
o from 4 weeks before the start of an event 50% of the training fee plus VAT
o from one week before the start of an event 80% of the training fee plus VAT
– Special feature in case of “force majeure” (e.g. also pandemic):
o Cancellation free of charge up to one week before the start of the event is possible, provided that the training cannot be carried out as an online course on the part of ATT.
– Already paid fees will be refunded as far as the obligation to pay the training fee according to this provision has ceased.
– ATT GmbH shall in any case be notified of the withdrawal in writing.
5. LITERATURE AND TRAINING DOCUMENTS
The documents used in the training are protected by copyright and may not be copied or reproduced or used in any other way.
6. OTHER CLAIMS FOR DAMAGES
Advanced Training Technologies GmbH shall only be liable for claims for damages arising from positive breach of contract, tort, organizational culpability, culpa in contrahendo or any other basis for claims based on culpability if Advanced Training Technologies GmbH or one of its vicarious agents is guilty of intent or gross negligence.
7. USE OF CUSTOMER DATA, CONFIDENTIALITY
7.1 Customer data shall be used and stored in particular only in the context of order processing, unless the customer has expressly agreed to further use. The customer shall be entitled to revoke such further permissions at any time.
7.2 The knowledge of business secrets of the customer acquired during the execution of work may not be made accessible to third parties or used in any other form.
8. PLACE OF JURISDICTION, PARTIAL INVALIDITY, APPLICABLE LAW
8.1 It is agreed that Castrop-Rauxel shall be the place of performance for all services owed by both parties under the contract, including any claims for return of goods.
8.2 In the event that individual provisions of these General Terms and Conditions are invalid, the remaining provisions shall continue to be valid.
8.3 The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with Advanced Training Technologies GmbH.