Scope
The following Terms & Conditions shall apply exclusively to all purchase orders, whose object are training measures and/or training courses (hereinafter collectively referred to as “Training Courses”) provided by HIMA Paul Hildebrandt GmbH (hereinafter referred to as ”HIMA”). Terms and conditions issued by the client which conflict with or differ from these Terms & Conditions shall not be recognized, even if client refers to them in his order.
HIMA's offers for Training Courses are always non-binding.
Requirements for Training Courses
HIMA aspires to achieve the stated goals for all Training Courses. HIMA undertakes no warranty for the success of Training Courses as this primarily relies on the commitment and required prior knowledge of the participants. The participants themselves are responsible for ensuring they have the necessary requirements and prior knowledge. There is no obligation to impart knowledge which is a prerequisite for a Training Course.
Booking
Bookings shall be made in writing. This can be done by returning the HIMA registration form online, by post, by fax, or by email to training(at)hima.com. Bookings made by telephone or in person can only be accepted if this is immediately confirmed in writing by the client. Bookings shall be deemed accepted with the transmission of the order confirmation by HIMA.
The first name and surname of the participant, email address, billing address are required in addition to the preferred course date. Training sessions are calculated for a maximum number of eight (8) participants. Bookings will be processed in the order they are received. All information and documentation necessary for the Training Course will be sent together with the order confirmation.
The client bears the risk of faulty transmission of the booking by fax, email or telephone. The client is obliged to immediately communicate any changes to their email address and other information provided in the booking.
Prices and Payment
The fees valid at the time of the booking for the respective Training Course shall apply unless individually agreed to otherwise. Fees are calculated per person and cover the services stated in section 5.
Fees for the respective Training Course plus any additional services shall be paid, without discount, minimum 10 days before the commencement of the Training Course. Differing terms may be stated in the respective offer. Account details and billing information can be found on the order confirmation.
Scope of Service
The fees for the Training Courses cover the following services to be provided by HIMA: Preparation and implementation of the Training Course, provision and use of the training systems and computers, briefing on the designated/agreed content, provision of training documentation and confirmation of participation issued to the participants. If the Training Course takes place at HIMA's premises in Brühl (Baden), lunch and refreshments provided during breaks as well as use of the respective training room(s) are also included. Printed training documentation is available to the participants after the Training Course.
Additional services (in particular transport and/or accommodation) must be ordered separately by the client. The client bears any travel costs, accommodation costs as well as any catering costs per participant. All services (training and any additional services) shall be confirmed in writing by HIMA in an order confirmation which will contain all required information.
HIMA may also provide certain Training Courses at the client's premises (“On-Site Training“), at the client's request, which require an individual agreement between HIMA and the client. HIMA will prepare a written offer for the client on request, after consultation regarding the required provisions for On-Site Training. The offer shall be confirmed in writing by the client within the time period stated in the offer. In accordance with the provisions for On-Site Training agreed between HIMA and the client, the client is responsible to ensure the sufficient implementation of the provisions for On-Site Training. Furthermore the client has to comply with the regulations in the leaflet “Information regarding On-Site Training”, available for download at www.hima.com.
In case of On-Site Training the client is obliged to provide suitable premises where training systems, computers and other equipment provided by HIMA can be set up and stored. This includes without limitation the secure storage against destruction, damage and theft, as well as overnight storage if the Training Course is scheduled to last more than one day. Client shall bear the cost of such storage. If the training equipment is delivered in advance, the recipient shall ensure that all training equipment is placed in a suitable training room. If the training equipment is not picked up by the HIMA trainer at the end of the Training Course but is to be collected by a third party, the client is responsible for ensuring that the equipment is properly packed and stored in a suitable location until collection secured against destruction, damage and theft, until collection.
Training Time
Training Courses will begin at 08:30 a.m. on the first day, unless otherwise stated in the order confirmation. If the Training Course takes place at HIMA's premises in Brühl (Baden), the participants shall announce themselves at the reception. The Training Course ends at 04:30 p.m., but the time may vary. The client/the participants have to organize their travel arrangements by themselves.
In case of an On-Site Training HIMA and the client shall agree on the dates and times at least 14 days in advance.
Rights of Use for Training Documentation
HIMA hereby grants the client a non-transferable and non-exclusive right to use the training documentation. All rights to the training documents, the resulting content as well as all information provided in the Training Course remain with HIMA. In particular a transfer to a third party and/or reproductions and/or publications, even in part, may only be made after consultation with HIMA and with the express written consent of HIMA. The right to make backup copies remains unaffected.
Cancellation of a booking by the client
Cancellations shall be made in writing by post, fax or email to training(at)hima.com. In case of cancellation at least 30 calendar days before the beginning of the Training Course, no fee will be charged. In case of cancellation between 11 and 29 calendar days before the beginning of the Training Course, a cancellation fee in the amount of 50% of the participation fee will be charged. In case of cancellation up to 10 calendar days before the beginning of the Training Course, the entire participation fee will be charged as a cancellation fee. The client has the possibility to name a replacement participant without incurring additional charges.
The client remains free to prove that no losses were incurred, or that smaller losses were incurred than the compensation demanded. In this case the client is obliged to pay the lesser amount of compensation. Likewise HIMA remains free to prove that higher losses were incurred than the aforementioned amount of compensation demanded. In this case the client is obliged to pay the higher amount of compensation.
Cancellation of a booking by HIMA; Minimum Number of Participants
HIMA may postpone or cancel a Training Course in the event of an insufficient number of participants, absence of a trainer, force majeure, or for any other significant reason. In this case HIMA will notify the client without delay and, if necessary, rebook or cancel hotel reservations. HIMA will appoint a substitute date or any other solution if possible. In the aforementioned cases the client shall have the right to withdraw from the contract without charge.
Liability
Claims for damages against HIMA are excluded in the event that a Training Course is called off due to clause 9 or participants do not accomplish the goal of the Training Course. HIMA’s liability for the ordinary negligent infringement of obligations is hereby excluded, unless the losses result from injury to life, body or health, or are claims under the German Product Liability Act (Produkthaftungsgesetz). The liability due to the breach of obligations for the proper implementation of this contract and the observance of which is expected by the participant/client remains unaffected. The same shall apply to the liability of HIMA’s representatives, constitutive bodies, employees and vicarious agents.
HIMA only uses professionally qualified trainers for its Training Courses. Information provided during the Training Course and documents provided in writing or in any another form have been prepared with care; however, HIMA cannot assume any liability for case studies and documents provided or statements made as part of the Training Courses. They merely serve as an introduction to the complex topic of programming and dealing with HIMA control systems, and do not claim to be complete or correct. Sketches and illustrations can be simplified. For safety-relevant planning and decisions the latest versions of documentation are available for download at www.hima.com.
Data Protection
HIMA is entitled to electronically store and process data provided upon the booking and from the participants during the Training Course for the purposes of participant administration. Storage and processing of client data is carried out under strict compliance with the DSGVO.
Data will only be transmitted to the extent this is required to implement or to evaluate the Training Course or for invoicing purposes. Other transmissions will only be carried out with prior consent of the client/participant. More information can be found in the HIMA Data Protection Information.
Security
The client shall ensure that the participants comply with all regulations of these Terms & Conditions and all house rules of the venue as well as all safety instructions and the trainer's instructions during the Training Course. In order to protect HIMA’s systems, participants may only use their own files or software on the provided computers with the prior express consent of the trainer. HIMA reserves the right to assert a claim for damages in the event of losses and/or infringement.
Ancillary Agreements and Jurisdiction
Subsidiary agreements, amendments and/or additions to this contract as well as the termination of the contract or any part of the contract have to be made in written form. This also applies to any waiver of the written form requirement.
This contract, and any issues or disputes arising out of or in connection with it (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation, or otherwise) shall be governed by and construed in accordance with the laws of Germany to the exclusion of the conflict of laws and the UN Sales Law (CISG). Jurisdiction for all disputes shall be vested in the courts of Mannheim, to the extent permitted.
In addition the General Terms & Conditions (T&Cs) apply:
In addition, the General Conditions for the Supply of Products and Services of HIMA Paul Hildebrandt GmbH in the current version, which can be downloaded at www.hima.de in the Legal Notice [Impressum] section, shall apply.