§1 Scope of application
Our General Terms and Conditions apply to our customers who are not consumers within the meaning of §13 BGB (German Civil Code). All deliveries and services on our part are subject to the following terms and conditions.
We do not recognise any conflicting terms and conditions of our contractual partners, even if we execute orders without expressly contradicting these terms and conditions again beforehand. Our terms and conditions shall be deemed accepted by the contractual partner by placing an order or accepting the services or goods. They shall also apply to all future business relations without the need for a renewed express agreement.
§2 Offers and Conclusion of Contract
All offers made by us are subject to change, unless expressly stated otherwise in the offer. A written or telex order confirmation is required for the effective conclusion of the contract. This will be replaced by delivery/service provision and/or invoicing.
Subsidiary agreements and other deviations from the contract text or our terms and conditions must be made in writing. This also applies to the waiver of the formal requirement. Lecture content, drawings, illustrations, dimensions, weights or other performance data, in particular in brochures or documents provided to the customer, are only binding if this is expressly agreed in writing in the order. Such information does not represent any assurance of any characteristics. Our consulting and testing services, lectures, Internet portals, training materials, etc. are constantly being further developed. This may result in deviations between the consulting and examination services, lectures, Internet portals, training materials, etc. provided and those ordered. Insofar as the deviations do not restrict the customer's usability or usability, these shall be permissible and shall be deemed to be contractual fulfilment.
§3 Postponement of dates of lectures and other services
After consultation with the contractor, the client may postpone dates to "alternative dates" up to 12 weeks before the start of the event. These alternative dates can be up to 8 months after the agreed date. If a lecturer / consultant is unable to attend a planned event / lecture due to illness, accident, natural disasters, traffic delays or other circumstances beyond our control, the contractor can provide a competent replacement. If no competent replacement is available, the event will be postponed to the next possible date. The client is not entitled to reimbursement of costs for a postponement or reduction of the order value due to the aforementioned events.
Cancellations can only be made free of charge up to 6 months before the start of the event after the written order confirmation. In the event of later cancellations, the client shall pay the full price of the event and any travel and other expenses incurred.
A cancellation cannot be made free of charge due to bad weather, cancellation of another speaker / consultant / artist, lack of visitor interest or similar.
§5 Terms of payment
Our deliveries are payable immediately upon receipt of invoice, without deduction. Deviating agreements on due dates and deductions must be made in writing. Offsetting against counterclaims is only permissible if we acknowledge the counterclaim or if it has been legally established. The contractual partner waives the assertion of a right of retention from earlier or other transactions of the business relationship with us. If the contractual partner is in default of payment, we shall be entitled to charge interest on arrears in the amount of 2% above the respective discount rate of the Deutsche Bundesbank. The proof of a higher or lower damage caused by default is not excluded.
By placing an order, the client grants 8com GmbH & Co. KG expressly grants 8com GmbH & Co. KG the right to name the client as a reference. For the naming of the reference, 8com GmbH & Co. KG may expressly use the name of the client, his company logo and the name of the contact person. The naming as a reference is only not permitted if the client has agreed this with 8com GmbH & Co. KG in writing in the order conditions. No confidential details concerning the order between the client and 8com GmbH & Co. KG, unless this has been expressly permitted by the client.
We shall only be liable for damage caused by us or one of our vicarious agents by gross negligence or intent, unless it concerns warranted characteristics. We shall not be liable for consequential damage, in particular from the point of view of a positive breach of contract, unless the damage falls within the scope of an assured characteristic. We shall not be liable for damages not foreseeable by us or within the area of responsibility of the contractual partner. The above liability regulation applies to contractual as well as non-contractual claims. We cannot guarantee the actual success of the information and sensitisation measures we carry out. Our liability under the Product Liability Act remains unaffected.
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of its uniform laws on the sale of goods. Ludwigshafen am Rhein is the exclusive place of jurisdiction for all disputes arising from the contractual relationship. If one of the above conditions is ineffective, the effectiveness of the remaining conditions remains unaffected. The ineffective clause will then be replaced by another clause which comes closest to the ineffective clause economically and in its intention.
§9 Applicable law and place of jurisdiction
Place of performance and jurisdiction for all legal disputes is Neustadt an der Weinstrasse, as far as legally permissible. If the client is a merchant, the place of jurisdiction is Neustadt an der Weinstrasse. For all present and future claims arising from the business relationship with fully qualified merchants, including bills of exchange and cheques, the exclusive place of jurisdiction is the registered office of 8com GmbH & Co. KG. The law of the Federal Republic of Germany applies.
Neustadt an der Weinstrasse, 05.01.2017