General Terms and Conditions of the Gesellschaft für Funktionsdiagnostik DIR-System ® GmbH & Co KG

I. General information

All business relations between Gesellschaft für Funktionsdiagnostik DIR-System ® GmbH & Co KG (DIR) and the customer, regardless of whether they involve purchase, transfer of use or service, shall be governed by the following terms and conditions. Our terms and conditions apply exclusively; we do not recognize conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing.

II Offer, scope of services and prices

1. our written order confirmation is decisive for the scope of services. Verbal agreements require our written confirmation to be effective.
2. The customer is bound to the order/commission for 4 weeks. The contract is concluded if we confirm acceptance of the order/commission in writing within this period or if delivery has already taken place.
3. Our prices are always net ex our registered office; any shipping and packaging costs as well as the applicable statutory value added tax will be charged separately. Invoicing shall be based on our list prices valid on the day of the order/commission.

III Terms of payment

1. unless otherwise agreed in writing, payment of our invoice shall be made in cash without deduction immediately upon confirmation of the order.
2. in the event of default in payment, we shall be entitled to charge 5% interest above the respective base interest rate of the European Central Bank, whereby we reserve the right to prove higher damages.
3. the withholding of payments and offsetting due to any counterclaims of the customer shall only be permitted if these are undisputed or have been legally established.

IV. Delivery and shipment

1. delivery periods and dates are only approximate, unless a written commitment has been expressly given as binding. The delivery period begins with the dispatch of the order confirmation, but not before any documents to be provided by the customer have been provided and the invoice amount has been received. The delivery deadline shall be deemed to have been met if the delivery item has left our place of business or readiness for collection has been notified by the time it expires.
2. Any amendments to the contract shall entitle us to redefine the delivery times. Partial deliveries are permissible.
3. In the event of disruptions due to force majeure or other unforeseeable, extraordinary circumstances for which we are not responsible, such as labor disputes, sovereign measures, failure of means of production, the delivery period shall be extended by the duration of the hindrance and a reasonable start-up time.
4.If the customer is in default of acceptance or payment or seriously and definitively refuses to accept the ordered goods, we are entitled to withdraw from the contract and to demand compensation in addition to other claims under this contract and/or statutory provisions.
5. Shipment shall be made on behalf of, at the expense and risk of the customer.

V. Defects and warranty

1. the customer is obliged to inspect the goods delivered by us immediately. Any complaints must also be made in writing by the customer immediately after delivery. Complaints shall not be considered if they are based on improper use of the object of purchase or faulty assembly by the customer or a third party. Otherwise, the delivery shall be deemed approved unless there is a hidden defect. In this case, the statutory warranty periods shall apply.
2. DIR shall be given the opportunity to rectify the defect.

VI Liability

In the event of breach of contract by us or a vicarious agent commissioned by us, we shall only be liable for intent or gross negligence for the damage foreseeable at the time of delivery. Liability for personal injury is subject to the statutory provisions.

VI Retention of title

Our goods shall remain our property until full payment of all our claims arising from the business relationship, including those arising in the future.

VII Cancellations and right of withdrawal for training courses

You can cancel your registration free of charge up to 4 weeks before the start of the seminar. If you cancel your registration within 4 weeks before the start of the seminar up to 14 days before the start of the seminar, we will charge 50% of the seminar fee (not including the day on which the seminar starts). Thereafter, or if the seminar participant does not attend,
will charge you the full seminar fee. You are entitled to send a suitable substitute participant in your place.
We reserve the right to cancel for organizational and technical reasons (e.g. if the minimum number of participants depending on the type of seminar is not reached or if the speaker is unable to attend at short notice due to illness). In the event of a cancellation by us, we will try to rebook you for another date and/or another venue, provided that you agree to this
. Otherwise, you will be refunded the fees you have paid; there are no further claims. Deviation from implementation
We reserve the right to change dates and venues.

VIII Final provisions

1. the customer is not entitled to assign existing claims against us, regardless of the legal grounds, to third parties or to authorize third parties to assert claims in their own name.
2. the place of performance for all services is Essen. The place of jurisdiction for deliveries and payments and for all disputes arising between us and the customer from the contract concluded and all claims arising from the business relationship shall be our registered office. However, we shall also be entitled to bring an action at the customer’s head office.
3. The statutory provisions of the Federal Republic of Germany shall apply exclusively. The CISG Convention shall not apply to contracts where the customer has its registered office or habitual residence outside the Federal Republic of Germany.
4. Should any of the above provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.