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Terms and Conditions

MicroConsult Microelectronics Consulting & Training GmbH, hereafter referred to as MicroConsult GmbH, provides various services.

These Terms and Conditions apply for open seminars offered with prices and dates, in the MicroConsult catalog as well as online on www.microconsult.de respectively www.microconsult.com, unless specified otherwise in the order acknowledgement or a written agreement with the customer.

Any other terms of business by the customer do not apply, even if not expressly excluded.

All quotations by MicroConsult GmbH are exclusively directed to entrepreneurs according to § 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).

Quotations, Conclusion of the Contract

Quotations submitted by MicroConsult GmbH are subject to change. Thus, a contract is only effective if MicroConsult GmbH confirms the order in writing or renders the service.

Any additions or modifications to the quotation and subsidiary agreements at the time of contract conclusion must be made in writing.

Information, Reservation and Booking of Open Seminars

The seminar booking status can be requested at the MicroConsult service office: phone +49 (0)89 450617-71, fax +49 (0)89 450617-17, e-mail info@microconsult.com.

Non-binding reservations can be made at any time and will be kept open up to a maximum of three weeks before the seminar starts. Should MicroConsult GmbH not receive a firm booking by that time, it reserves the right to allocate the seminar seats otherwise.

E-learning formats can only be booked via binding booking.

Binding seminar bookings can be submitted online, or in writing to MicroConsult GmbH, Charles-de-Gaulle-Str. 6, D-81737 Munich, or by fax to +49 (0)89 450617-17.

Bookings become binding for both parties as soon as confirmed by MicroConsult GmbH in writing.

Prices and Dates for Open Seminars

For the booking of open seminars, the prices and dates published on the MicroConsult website www.microconsult.de resp. www.microconsult.com apply (exclusive of applicable VAT).

Seminar prices include seminar documentation as well as the required use of technical equipment and systems in the MicroConsult GmbH seminar rooms for the duration of the seminar as well as lunch.

Seminar Location and Seminar Times

Seminar location and times are specified in the order acknowledgement.

Booking Withdrawal, Changes, Absence

The customer can withdraw or reschedule a seminar booking at no cost up to three weeks before the seminar starts. For any booking withdrawal or rescheduling made thereafter, the seminar price will be charged less a deduction of 10% for saved expenses.

Instead of seminar booking withdrawal or rescheduling, the customer can send a substitute participant to the booked seminar without any extra charge.

Should the booked participant fail to take part in the seminar without withdrawing or rescheduling the booking, the invoice amount is due in full.

MicroConsult GmbH reserves the right to cancel a seminar in case of less than six binding reservations three weeks before the seminar starts. MicroConsult GmbH cannot be held responsible to refund traveling or hotel costs or any other consequential or secondary damage.

Terms of Payment

Invoices are issued at the time of order acknowledgement. Fees for open seminars have to be paid in full before the seminar starts. Participants whose invoice has not been settled before the seminar starts may pay the due amount in cash on the first seminar day. Otherwise, the participant is not entitled to a seat in the seminar.

Invoices are to be settled in full, including German VAT, indicating the invoice number and customer number. Payments are to be made in Euro to one of the MicroConsult GmbH bank accounts specified on the invoice.

The customer bears any applicable banking charges.

Setting-off is only permitted with a counterclaim declared as undisputed or legally binding.

Copyright

MicroConsult GmbH reserves all rights to the seminar documentation, software and exercise units provided. Without written agreement by MicroConsult GmbH, the seminar documentation, software and exercise units provided must not be reproduced, changed, translated, processed, copied, distributed or made public, not even in part or for training purposes.

The software used in the seminars is copyright protected. This software and the related documentation must not be removed from the seminar rooms and must not, in whole or in part, be copied, transmitted or made use of in any other unapproved way.

Data media provided by participants must not be used on computer equipment of MicroConsult GmbH. MicroConsult GmbH reserves the right to sue for damages in case of noncompliance.

Export of Transferred Knowledge

All technical data contained in products of MicroConsult GmbH, or products which make such data available, must not be exported or re-imported directly or indirectly without authorization from the responsible authorities of the countries concerned. Furthermore, the general terms of delivery for products and services of the electronics industry as well as any other written agreements for export business apply.

By participating in a seminar, the customer/participant agrees to comply with these terms.

Liability

The services by MicroConsult GmbH are prepared and rendered by its agents with expertise and utmost accuracy. For any claims, independent of the legal ground, MicroConsult GmbH will only accept a one-time liability up to the amount of the seminar fee paid, however, up to a maximum of € 25,000.

Limitation of liability and disclaimers do not apply for damage through deliberation or gross negligence on the part of MicroConsult GmbH or one of its employees or agents. This limited damage neither applies for any claims based on damage to life, body or health, in case MicroConsult GmbH is responsible for the neglect of duty.

MicroConsult GmbH assumes no liability for the loss of the customer's/ participant's property or damage to this property by third parties.

In case of a seminar cancellation due to Act of God, illness of the trainer or consultant or any other unforeseeable events, there is no claim for execution. MicroConsult GmbH cannot be held responsible to refund traveling or hotel costs or for any other consequential or secondary damage.

Business Partners

As far as a business partner acts as an agent for open seminars of MicroConsult GmbH, only these Terms and Conditions apply in the relationship between the customer and MicroConsult GmbH.

MicroConsult GmbH is not liable for any business activities of its business partner or for any promises which the business partner makes to the customer, nor for the products and services which the business partner provides under his own contracts.

Act of God

In case of events that are considered to be Act of God and make it substantially difficult or impossible for MicroConsult GmbH to render services, MicroConsult GmbH is entitled to postpone the performance of the obligation until after the period of obstruction and an adequate start-up time.

Miscellaneous

Even if any individual provision contained herein be or become legally invalid, this shall not affect the validity of the remaining provisions of these Terms and Conditions. The invalid provision shall be replaced with an agreed valid provision which most closely reflects its intention and purpose.

Any modifications and amendments to these provisions are to be made in writing.

Legal Venue

The legal venue for all cases of litigation is the registered office of MicroConsult GmbH, as far as the claim was made by a fully qualified merchant active in commercial trade, by a legal entity of public rights or by public contingency property.

The laws of the Federal Republic of Germany apply.

Note:

These English-language Terms and Conditions are provided for information purposes only. Basically, our native language Terms and Conditions (German) apply.