Toolmaker Advanced Efficiency

General Terms and Conditions for Training Courses/ Workshops
Version 6.3, issued 24.11.2014

A. General Conditions

§ 1 General
These General Terms and Conditions apply to all services within the scope of training events, for trainings offered by Toolmaker Advanced Efficiency GmbH (hereinafter referred to as "Toolmaker"). These terms and conditions are deemed as accepted by registering for, or attending, any training.
Amendments and additions to the contract and other agreements must be in writing.
Guarantees only apply when they are expressly stated as such.

§ 2 Liability
All courses are prepared and presented with utmost care. An attentive participant can achieve the training objectives. A training success is not guaranteed.

Toolmaker is not responsible for the function, processing steps, or any part thereof, of the represented programs. In particular, Toolmaker assumes no liability for any later use consequential damages such as performance degradation, loss of profits, or license obligations.

Toolmaker Advanced Efficiency GmbH is only liable for damages, regardless of the legal basis of the liability, to the extent that Toolmaker Advanced Efficiency GmbH, its legal representatives or agents, can be proven to have demonstrated wilful misconduct or gross negligence.

In the case of negligence, the liability of Toolmaker Advanced Efficiency GmbH, its legal representatives or agents, in the breach of contract is limited to the typical, foreseeable damages, unless there is a damage resulting from injury to life, body or health or under the Product Liability Act.In addition, the liability for negligence is excluded.

All damage claims are limited in the case of contractual as well as non-contractual liability, to one year after the cause for a claim occurs and knowledge of the basis for a claim, except in cases of willful misconduct, gross negligence, the Product Liability Act, or for personal injury.

§ 3 Copyrightand Intellectual Property Rights
The training materials distributed at the events are copyrighted and may not - not even in part - without the written consent of Toolmaker Advanced Efficiency GmbH and the presenter be duplicated, in particular using electronic systems, made available for download/copying or used for commercial purposes.

Toolmaker Advanced Efficiency GmbH does not guarantee that the products, processes, or other names mentioned and used in the training are free of third party rights.

§ 4 Data Protection
Note to § 33 BDSG: The client is obliged to notify registered participants that their personal data will be stored as part of the business relationship and consent for storage thereof to be obtained.

§ 5 Miscellaneous
Indicated prices are exclusive of statutory VAT.

German law will exclusively govern all legal relationships between the parties. Jurisdiction, insofar as legally admissible, will be thecompetentcourtfor the Toolmaker Advanced Efficiency GmbH domicile. 

§ 6 Severability Clause
If any provision of these Terms and Conditions be invalid or inexecutable, or become invalid or inexecutable after conclusion of the contract, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by way of contractual interpretation by conditions that reflect the purpose of the contract so far as possible.

B. Conditionsfor Open Training

§ 1 Reservation
A written or electronically (via internet) submitted booking by the customer or participant is mandatory. However, the right to attend the training occurs only when Toolmaker confirms participation stating the course, date, and the name of the participant in writing or by e-mail. If the client does not specifically receive confirmation, participation in the training cannot be assumed.

§ 2 Payment Terms
All invoices for open training sessions are due no later than 7 days before the start of training. If dues are not received by Toolmaker one business day before the training, Toolmaker may exclude the registered participants from the training.

§ 3 Cancellation by Participant
A participant may cancel his reservation up to 15 days before the start of training without giving reasons and without cancellation costs. The cancellation must be in writing, and the important factor is the date of receipt by Toolmaker. In case of cancellation 14 days or less before the start, 50% of the course fee will be charged. If the cancellation is caused by an unexpected severe adverse health condition, and the participant submits a medical certificate, the participant may begin the training within one year without extra costs, or may transfer the reservation to a colleague.

§ 4 Cancellation by Toolmaker
Toolmaker may cancel a training in the case of sudden illness of the presenter/trainer, an insufficient number of participants, or unacceptable events (force majeure), without restriction until the date of commencement. In such an event Toolmaker undertakes the following compensation measures. Travel costs will be refunded against receipt of expenditure receipts. If traveling by car, €0.36 per kilometre will be reimbursed. Should several participants travel in the same vehicle, the amount will apply only once. Further claims cannot be reimbursed.

C. Conditions for In-house Training (Customizedfor Customers)

§ 1 OffersfromToolmaker
Our customized offers are binding only to the date as stated on the offer and may be accepted by the customer in writing at any time during this period.

§ 2 Cancellations and Schedule Changes
Toolmaker reserves the right to cancel a training on short notice for important reasons, eg. illness of the presenter. In such an event Toolmaker is obliged, in agreement with the client, to conduct the training at a later date.

§ 3 Training MaterialsforParticipants
The client must submit the list of participants at least two weeks before the training to Toolmaker Advanced Efficiency GmbH. The corresponding number of training documents/material will be distributed during the training. These documents are included in the agreed fee unless agreed otherwise by contract.

§ 4 Obligation to Co-operate
The client is to ensure that Toolmaker Advanced Efficiency GmbH and/or the presenter receives full support and all agreed and necessary measures for the preparation and implementation of the training so as to achieve optimum success of said training.

The facilities and technical equipment (eg. projector, screen, network, passwords) for the training event must be provided by the client at own cost, unless it was contractually agreed otherwise.