1. General provisions
These General Terms and Conditions for Training Services shall be binding provided that these are specified as applicable in the offer or the order confirmation.
Any other terms and conditions of the purchaser shall only apply if and to the extent they have expressly been accepted by Landis+Gyr AG in writing.
If the training services also comprise standard software including any pertaining documentation, such shall exclusively be governed by the applicable terms and conditions of supply and licence of the relevant sub-suppliers.
2. Conditions
Invoices shall be issued subject to the prices specified at the time of the order plus any statutory VAT.
The published prices may be changed at any time without special announcement.
The offers for special training courses prepared by Landis+Gyr AG in writing shall be subject to changes up until receipt of the written purchase order and the order confirmation is released by Landis+Gyr AG. Offers shall be valid for a period of 30 days.
3. Order
Training services may be ordered via Internet, e-mail, by telephone, fax. Subsequently, the purchaser shall receive a binding order confirmation.
4. Payment
Payment shall be made net within 30 days following the date of the invoice.
Invoices shall be sent to the address indicated by the purchaser in the purchase order.
5. Training services
The duration, price, learning objectives, contents, target group, requirements and organisational details are stated in the relevant training course descriptions. Any materials, literature and the use of the computer systems shall be included in the price.
Any travel, subsistence and accommodation expenses shall be paid by the purchaser. Each participant shall be entitled to their own workplace during the course.
6. Special expenses
Any installations or tests of hardware and software on the customer’s systems shall be invoiced separately as incurred. Any additional administrative expenses as well as travel, subsistence and accommodation expenses in relation with training courses held at the premises of the customer shall also be invoiced.
7. Contents
Unless otherwise agreed upon, the contents of each training course shall be the standard learning contents described in the published course descriptions and on the Internet. Any customised adjustments of the training contents and the pertaining training materials shall be agreed upon in writing and shall be invoiced in accordance with the offer/order confirmation.
8. Requirements
The requirements for attending a training course shall be specified in the course descriptions. The purchaser shall be obliged to check them thoroughly. In order to ensure that the training course is successful, the number of participants shall be limited. In case of overbooking, registrations shall be accepted in the order of their receipt.
9. Infrastructure at the customer’s premises
If a training course is held at the premises of the customer, the customer shall be responsible to provide the necessary hardware and software and the infrastructure required at the place of training.
The customer shall appoint a person responsible for the technical infrastructure. If a training course cannot or not in time be held due to a deficient or non-working infrastructure, the customer shall be liable for any consequential costs.
The documentation supplied by Landis+Gyr AG (file print) shall be printed by the customer and provided at the place of training in a sufficient number.
10. Holding of courses
All training courses announced by Landis+Gyr AG shall be held whenever possible. If the number of participants is too low, the purchaser shall be informed by us about the cancellation of the course in time, however not less than 10 working days prior to the start of the training course, by telephone or in writing (letter, e-mail, fax).
11. Deregistration, annulment and rebooking
11.1 Standard course
The registration shall be binding. If a participant is prevented from attending a course, the purchaser may rebook or deregister in writing (letter, fax, e-mail) up to 15 working days prior to the start of the course free of charge. With deregistrations following the expiry of this period, the purchaser shall pay the below annulment charges:
* Less than 15 working days – 50% of the entire costs of the training course
* Less than 5 working days – 100% of the entire costs of the training course
* Failure to appear at the training course – 100% of the entire costs of the training course
Rebookings to substitute participants shall be made at least 10 working days prior to the start of the training course. With rebookings to substitute participants made less than 10 working days prior to the start of the training course, the purchaser shall be charged a fee of CHF100.–.
Rebookings or annulments shall be made in writing and shall be subject to a written confirmation by us.
11.2 Special course
If a special course or individual training days are adjourned by the customer after the order has been placed, the following costs shall be charged:
* Up to 10 working days prior to the start of the training course – a fee of CHF500.–
* Less than 10 working days prior to the start of the training course – 50% of the entire costs of the training course and a fee of CHF500.–
If an agreed special course is annulled by the customer after the order has been placed, the following annulment costs shall be charged:
* Less than 20 working days prior to the start of the training course – 50% of the entire costs of the training course and a fee of CHF500.–
* Less than 10 working days prior to the start of the training course – 100% of the entire costs of the training course and a fee of CHF600.–
12. Warranty and liability
Any complaints or defects shall immediately be notified to Landis+Gyr AG orally or in writing.
Landis+Gyr AG shall impart the technical information at the training courses and in the training/seminar materials to the best of our knowledge. However, Landis+Gyr AG shall not be liable for any errors in the technical information that is imparted during the training course or the seminar orally or in writing or is included in the provided training/seminar materials. Likewise, Landis+Gyr AG shall not be liable for any resulting damage and consequential damage.
This exclusion of liability shall not apply if liability is mandatory in the event of wilful conduct or gross negligent.
Any training compensation for participants that have travelled to the training course in vain due to events of force majeure (e.g. accident, sickness of a trainer or the like) shall be excluded.
13. Amendments
Landis+Gyr AG shall reserve the right to adjust its programme and these Terms and Conditions at any time. The terms and conditions applicable upon the execution of each contract, which the order shall receive in writing together with the order confirmation, shall apply.
14. Language
The contract language shall be German.
15. Viruses
We shall not be liable for any kind of damage caused by viruses.
16. Copyright and property rights
Upon their registration, the purchaser shall undertake to observe the following provisions:
* The training materials and the software used at the training course shall be subject to copyright.
* The training materials, texts and photos may not be reproduced, reprinted, translated, electronically processed or used for internal or external disclosures without the written consent of Landis+Gyr AG.
* Any and all materials shall be the intellectual property of Landis+Gyr AG.
17. Safety rules
The participants shall be obliged to comply with the safety and accident prevention rules applicable at the premises of Landis+Gyr as well as any rules and regulations applicable there, particularly the rules of access. The participants may only stay at the premises released for such purpose by the trainer.
18. Final provisions
The contract shall exclusively be governed by Swiss law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.