General Terms & Conditions (GTC) of TopQM North America LLC and TopQM-Systems GmbH & Co. KG
a. The following conditions apply to all orders, commissions, and contracts. These conditions shall be incorporated into the
execution of the order, commission and/or contract. Any alterations or additions must be made in writing.
b. Any of the client’s or contractor’s general terms and conditions which are in conflict with TopQM’s GTC shall not apply,
even if this has not been explicitly excluded in individual cases.
c. If conditions deviating from these terms and conditions are agreed upon for a specific contract, order, etc., the application
of these conditions shall be subordinate and supplementary to those of TopQM.
The liability of TopQM shall be limited to the value of the order. Liability for consequential damage, in particular for the interruption of business, financing costs, etc. shall be expressly excluded to the extent legally permissible. This shall not apply if and to the extent that
TopQM’s liability shall otherwise be limited to damage which is foreseeable and typical for this type of contract.
a. If the Purchaser is a registered trader, a legal entity under public law or a special fund under public law, suits for all legal
disputes arising from the order must be filed at the court of competent jurisdiction for the TopQM headquarters in
Mosbach/Baden. TopQM shall also be entitled to file suit at the court of competent jurisdiction for the Purchaser's
headquarters or another legal jurisdiction.
b. The formal and substantive law of the Federal Republic of Germany shall apply.
If individual provisions of these terms and conditions are or become ineffective, this shall not affect the legal validity of the remaining conditions or provisions. A potentially invalid condition or provision shall be interpreted in such a way that its intended purpose can be fulfilled in a legally effective manner.
The bases for the provision of services shall include a written offer from TopQM, the offers on the TopQM website and the respectively valid TopQM seminar catalog as well as these conditions. TopQM offers are non-binding. TopQM shall follow each order or commission up with a confirmation of the order or registration which is essential to the implementation of the agreement. When registering for TopQM seminars, there are special prerequisites that must be reviewed in detail by the Purchaser or participant and verified by TopQM (depending on the type of seminar) prior to the start of the seminar. If the examination prerequisites are not met before or after the seminar, the participant will receive a certificate of attendance rather than the designated certificate.
TopQM shall issue an invoice after the completion of the contracted service or training based on the offer. Payment of the invoice shall be due 10 days net after receipt without change, unless otherwise stated in the invoice or agreed upon in writing. All prices are strictly net (plus applicable VAT or nexus if applicable to the place and/or kind of service).
a. Public Seminars
Clients must send written notice of any cancellation or re-booking by e-mail to firstname.lastname@example.org. Verbal cancellations are not permitted. In the event of a cancellation, each participant shall be offered the opportunity to participate in the same registered seminar within 12 months. The following fees shall apply to cancellations for all seminars:
up to 4 weeks before the beginning of the event: free of charge
from 4 to 2 weeks before the beginning of the event: 50% of the price of the event
less than 2 weeks before the beginning of the event: 100% of the price of the event
For individual cases, the Contracting Party/Purchaser shall be permitted to demonstrate that TopQM has incurred no loss or only a minor loss compared to the cancellation fee charged for the cancellation.
If a substitute participant is nominated for the registered seminar event, the cancellation fees shall be dropped.
b. Re-booking of Audits, Consulting Services & In-house Seminars or Workshops:
TopQM reserves the right to charge booking costs incurred up to that point plus 50% of the daily rate or value of the order for audits and consulting services which are re-booked by the client within 4 weeks before the confirmed date.
Audits, Consulting Services & Seminars or Workshops
TopQM shall inform the client if a seminar or workshop is fully booked, or if it will not take place due to insufficient registrations, or if an audit or consulting service is canceled at short notice (for example due to force majeure or the illness of the instructor, auditor or consultant). In such cases, TopQM reserves the right to arrange a new appointment with the client in a timely manner, in accordance with the conditions already specified in the order. Any downtime or booking costs incurred by the client shall not be refunded. In cases such as these, TopQM shall assume any booking costs which it has itself already incurred.
5. Test Conditions
5.1 Examinations for TopQM Seminars and Workshops
TopQM will internally verify the prerequisites for admission to the examination in advance; these prerequisites are described in detail on the homepage or in the seminar program. If a participant does not meet the eligibility or admission requirements for the examination, s/he will not be admitted to the examination. The examination process will be explained by the speaker during the seminar or workshop.
In the event that the examination participant or Purchaser cancels prior to the beginning of the examination or withdraws during
the examination or in the event of a violation of the examination regulations, (e.g. missing signature, transcription errors, inadmissible devices, etc.), the exam shall be charged in full. If a participant does not pass an examination, s/he may repeat the examination within the framework of the specifications defined in the seminar description at his or her expense. Each examination participant will always receive a certificate of attendance.
5.2 Licensed Seminar Examinations
The conditions under 6.1) and the examination regulations for VDA QMC license seminars at
http: //vda-qmc.de/informationen/agb/ shall apply.
V005 status 21.11.2018