1. Scope of application
1.1. The Company, Purchasing Professional Tanja Dammann-Götsch, owned by Tanja Dammann-Götsch, Am Haubenflug 12, 63454 Hanau, Germany, offers Training and Consulting Services for specialist and executive personnel. “Training” in the sense of these General Terms and Conditions (hereafter “GTC”) defined as continuous professional development events for specialist and executive personnel, for example seminars, online and off-line training, courses, and workshops. Consulting Services consist of the analyses of business processes, concepts and structures. The Consulting Services serve to optimize or accompany the change process.
1.2. These GTC are valid for contracts between the company Purchasing Professional Tanja Dammann-Götsch, owned by Tanja Dammann-Götsch (hereafter “Purchasing Professional”) and the Company Client as well as their employees (hereafter “Client”).
1.3. Individual agreements made with the Client in a particular case (including side agreements, supplements and changes) take priority over these GTC in any case and must nevertheless be stated in writing.
1.4. Notes on the validity of statutory regulations only have an explanatory function. Even without such clarification, the legal provisions therefore apply unless directly amended or expressly excluded in these GTC.
2. Performance of services
2.1. The performance of services will be customized according to the individual wishes and needs of the Client.
2.2. Purchasing Professional is entitled to per-form the services agreed upon by itself or by qualified trainers unless explicitly agreed otherwise.
2.3. A Trainer, Consultant, or Interim Manager (hereafter “Trainer”) on behalf of Purchasing Professional will perform the services. For organizational purposes, Purchasing Professional reserves the right to send a substitute or to propose an alternative date.
2.4. The number of course participants per Consultation, Training and day is limited. The number of course participants will be agreed upon in each case.
2.5. Training services may be performed within the scope of a consulting project but also as an independent service.
2.6. Purchasing Professional will carry out the training task without being bound by directives. The claim of an employee relationship with the Client is thus not substantiated.
2.7. The training contents must be co-ordinated in advance. Their imple-mentation and visualization are assigned solely and exclusively to Purchasing Professional. Their contents are protected by copyright.
2.8. The Parties to this Contract must inform each other of all issues relevant to the contract and its performance.
3. Obligations of the Client
The Client is obligated to participate in carrying out the performance of services agreed upon to the extent required. The Client must especially provide Purchasing Professional with all the necessary information, documents, meeting rooms, etc. in time for Purchasing Professional to carry out the performance of services.
4. Conclusion of the Contract
4.1. The object of this Contract to perform services – not to achieve a certain success.
4.2. Purchasing Professional may especially not be held responsible for not achieving certain business results. The comments and recommendations made by Purchasing Professional will prepare the business decision, however, they cannot replace it.
4.3. Purchasing Professional will perform its services on the basis of the agreed consulting, training or coaching concept. The concept will be developed through discussions with the business management, the employees, government bodies, and third parties as far as necessary or to the extent agreed through written statements.
4.4. Purchasing Professional assumes that the individuals negotiating on behalf of the Client are authorized to represent the Client in the conclusion of this Contract. In case the Client’s internal decision regarding the conclusion of the Contract or the conclusion of the Contract is reserved for other individuals, then the Client must immed-iately inform Purchasing Professional.
4.5. Requests received through the on-line portal are non-binding. When a request has been received, then Purchasing Professional submits a written quote to conclude a contract. The Contract becomes effective once the Client sends an order confirmation. The order confirmation must be sent in written form by email or by telefax.
4.6. Amendments or supplements to the Contract only become effective once they have been confirmed by Purchasing Professional in written form by email or by telefax.
5. Payment, expenses and incidental costs
5.1. The agreed payment in Euro is understood.
5.2. The payment consists of the fees and the costs for the design of course, which is charged based on time and effort.
5.3. The training fees are based on the time period involved.
5.4. The costs of designing the training event also include the effort involved in producing the training materials for the course participant(s). In case the Client orders additional services, then the relative update of materials will be charged separately. The Client must provide copies of the training materials to the course participants.
5.5. Expenses, such as costs for travel and accommodation, are at the expense of the Client and are charged in addition to the training fees.
5.6. Incidental costs, such as meal costs for the deployed Trainer and the course participants, are the responsibility of the Client. Additional meal costs for the deployed Trainer may be incurred, for example during the course of travel for providing services. These costs will be charged in a lump sum along with the applicable valid maximum tax rates.
5.7. All prices listed plus the statutory value-added tax are based on the time period the services are performed.
6. Payment terms
6.1. Purchasing Professional is entitled to invoice the agreed payment in installments. Unless agreed otherwise, Purchasing Professional will invoice 30% of the agreed payment plus value-added tax upon conclusion of the contract. The remaining amount will be invoiced once the services have been performed.
6.2. Purchasing Professional will issue an invoice for the relative amount to the Client.
6.3. For clarification, Purchasing Professional must be informed of unjustified invoices or miscalculations within 7 calendar days by the Client. If the Client allows this time period to expire, then the invoice is deemed to be accepted.
6.4. The relative invoice amounts are due for payment within 7 calendar days from the date of invoice without deduction unless the Parties agree to other terms. Receipt of payment at Purchasing Professional is decisive for determining punctual payment.
7. Copyright law
7.1. The training materials (manuals and any other documents, e.g. tables; graphs; slides; evaluation forms; files containing docu-ments, videos, and audios; role play con-cepts; and other training pro-grams) created and delivered in line with providing services are protected by copyright law.
They are only designed for each course participant’s personal use. The training materials must not — not even in the form of excerpts — be duplicated, saved electronically, multiplied, or distributed without the express written permission of Purchasing Professional. The exception is consultant reports that are generated in line with sponsored consultancy services for submission to the funding agency.
Training materials no longer required will be returned to Purchasing Professional.
7.2. The Client assures Purchasing Professional that the materials provided by them are free of third-party rights that could preclude their use during the training. The Client must exempt Purchasing Professional resulting from any third-party claims that could be based on training materials provided by the Client.
7.3. Audio or video recordings of the performed services are prohibited without the written authorization by Purchasing Professional. Furthermore, photography or photographing presentations, for example flip charts, PowerPoint slides, online discussions, or courses, are prohibited unless explicitly agreed with Purchasing Professional.
7.4. The Client must inform the course participants on Contract Provisions 7.1 and 7.2 in advance. In case a participant violates these provisions, then Purchasing Professional is entitled to exclude the aforementioned course participant.
The course participant will receive a certificate for taking part in the course or training measures.
9. Termination and withdrawal
9.1. The Contract may be terminated by either Party without providing any reasons and with a notice period of 6 calendar weeks before the first day of performing the service. The termination must be in writing. Receipt of termination at Purchasing Professional is decisive for determining punctual termination. In case of termination, fees already paid will be reimbursed to the Client.
9.2. For that matter, the Client is entitled to withdraw from the Contract under the following conditions:
a) The withdrawal must be in writing.
b) In case of withdrawal, the Client must pay a lump sum in the amount of
– 100% of the registration fee (net) plus the relative valid statutory value-added tax if the time period between the withdrawal and the first day of training is less than one calendar week;
– 75 % of the registration fee (net) plus the relative valid statutory value-added tax if the time period between the withdrawal and the first day of training is at least one calendar week;
– 50 % of the registration fee (net) plus the relative valid statutory value-added tax if the time period between the withdrawal and the first day of training is at least two weeks;
– 25 % of the registration fee (net) plus the relative valid statutory value-added tax if the time period between the withdrawal and the first day of training is at least four weeks.
c) Receipt of withdrawal at Purchasing Professional is decisive for calculating the deadlines stated in 9.2 b).
d) The Client bears the burden of proof that Purchasing Professional did not suffer any loss or only a slight loss.
9.3. Receipt of withdrawal at Purchasing Professional is decisive for the calculation of deadlines according to 9.2 b). In calculating the aforementioned deadlines, the date of receipt of withdrawal and the first day of training are not counted.
a) The lump sums according to Provision 9.2 are not applicable if the Client proves that the incurred damages are substantially lower for Purchasing Professional than the relevant lump sum. Contrary to Provision 9.2, the Client must replace the proven loss in this case.
9.4. In case one or more course participants do not attend the training or if one or more course participants leave during the course, then a (partial) refund of fees is precluded.
9.5. It might occur that a service cannot be provide due to an unforeseen event that is not attributable to Purchasing Professional or its assigned Trainer. For example, the Trainer becomes ill. In this case, Purchasing Professional will agree on a new date with the Client.
9.6. Government regulations might prevent the Trainer’s appearance in person. In this case, a substitute online date or a new date may be agreed between the Parties involved.
10.1. Purchasing Professional may only be held liable — no matter on which legal grounds in the case of
a) Intent and gross negligence;
b) Ordinary negligence;
– Damages arising from injury to life, body and health;
– Damages caused by the breach of a material contractual obligation (= obligation, the satisfaction of which only enables the proper execution of the contract at all and on which the Client relies and may as a rule rely on its compliance). In this case, however, Purchasing Professional’s liability is limited to replacing the foreseeable damage or loss which typically arises.
10.2. The limitations according to Provision 10.1 also apply in favor of Representatives acting on behalf of Purchasing Professional.
10.3. The meeting rooms for events must be provided by the Client. In addition, the Client is responsible for the insurance protection of the course participants in these rooms.
11. Final provisions and place of jurisdiction
11.1. Should any part of any of these provisions be or become invalid, then the validity of the other provisions will remain unaffected. In this case, both parties oblige themselves to agree on an effective provision that will come closest to the economic purpose of the ineffective provision.
11.2. If the Client is a merchant in terms of the German Commercial Code (HGB) or a legal entity under public law, then the place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship will be Purchasing Professional’s seat of business.
Status GTC: May 1, 2020