General Business Terms and Conditions for
seminars, training and instruction of Dräger Academy of Dräger Safety Norge AS (referred
to as the "Company")
(Status: June 2015)
1.1 Only these General Business Terms
and Conditions (the "Terms") apply to all performances of the Company
connected with the seminars, trainings, instructions and other events (the
"Events").
1.2 Deviations from these Terms require
written confirmation of the Company. Deviating terms of the customer are not
valid unless the Company has agreed to their validity in writing. These Terms
apply even if the Company with knowledge of other conditions of the customer
renders services without reservation.
2.1 The Event will be conducted by the
Company under the "Dräger Academy" name. Under this name, the
Companies listed in the title of these Terms carry out independent Events
organised by the respective Company. The Companies do not act jointly or as a
partnership or joint venture of any kind with regard to these Events.
3.1 Participation in the Events of the
Company requires in part sufficient physical fitness and strength. At certain
Events, stress is generated artificially for a controlled demonstration of how
to respond in case of danger. Contact the Company early to find out about the
actual requirements of any given Event. The Company specifically does not
assume any liability for injuries or damages incurred due to poor physical
condition of the participant.
4.1 Registrations of customers become
binding upon receipt by the Company. However, a binding contract arises only
after confirmation by the Company.
4.2 The data of the registration are
electronically stored and processed by Company in accordance with the Norwegian
personal data act (act no. 31 of 14 April 2000) for the purpose of managing and
informing customer of current and upcoming Events relevant to customer.
4.3 Customer hereby consents to Company
providing customer with information about upcoming Events relevant to customer.
Customer may at any time request Company to stop sending information on future
Events.
4.4 The customer may at any time send a
notice to the Company requiring it to stop the processing of data on the
registered customer and purge its systems for all such data and/or stop sending
information to the registered customer and request access to such information.
The customer however acknowledges that if such notice is sent prior to the
Event, this may prevent the customer from participating in the Event.
4.5 Registrations and contracts may be
cancelled free of charge up to four weeks before the start of the Event. If a
cancellation is received after this time, up to one day before the Event, the
Company reserves the right to demand 50% of the registration fee. The day when
the Event starts is not counted when calculating the time limits. Later
cancellations and no-shows of the customer entitle the Company to demand the
full registration fee. Partial attendance at an Event does not entitle to a
rebate. The right to participate becomes null and void upon cancelling. All
cancellations by the customer must be in writing. If the customer has already
paid a registration fee, the Company will refund the amount which it is not
entitled to retain as a result of the cancellation. Other cancellation rights
of the customer remain unaffected.
4.6 The Company is entitled to cancel or
reschedule Events for organisational or technical reasons, particularly in case
the specified minimum number of participants has not registered or in case of
unexpected absence or non-availability of the lecturer or a speaker. The
Company is obliged to inform the customer without undue delay of any
cancellations or rescheduling. In this case, the Company will attempt to
reschedule the customer on a different date or a different venue, if the
customer agrees. Otherwise, the contract becomes null and void and already paid
registration fees will be refunded. Further claims do not exist subject to
Section 7.
5.1 The registration fee applies only to
those services mentioned in the description of the Events. Unless stated
otherwise, the registration fee does not include applicable value added tax.
5.2 Costs for accommodation and meals,
as well as travel expenses for the participants are not included in the
registration fee.
5.3 The registration fee is payable upon
receipt of invoice.
6.1 All Event materials are copyrighted.
They may not be reproduced, distributed or communicated to the public without
the prior consent of the Company or except as otherwise written on the relevant
Event material.
7.1 The Company is only liable in the
event of wilful intent (forsett), gross negligence (grov uaktsomhet) on the part
of governing bodies or executive employees, culpable injury to life, limb or
health, defects maliciously concealed by Dräger Medical or the absence of which
was guaranteed by the Company, as well as in the case of safety deficiencies of
delivered products in accordance with the Norwegian Product Liability Act (produktansvarsloven).
7.2 In the event of a breach of material
contractual duties, the Company is also liable in the event of gross negligence
(grov uaktsomhet) on the part of ordinary employees and for ordinary
negligence. Liability for ordinary negligence shall be limited to foreseeable
damage typical of this type of agreement or relationship. Material contractual
duties are duties the customer may rely upon as a necessary pre-requisite for his
own performance of the agreement.
7.3 The customer must take all necessary
and reasonable measures to prevent or limit damage. The customer must
especially provide for a regular backup of programmes and data. For the
recovery of data, the Company is therefore only liable under the provisions of
Sections 7.1 and 7.2 if the customer has ensured that such data can be
reconstructed from other data material at a reasonable cost and with reasonable
effort.
7.4 Further claims or damage claims
other than those specified in this Section 7 against the Company or its agents
are excluded regardless of the legal reason.
8.1 Any disputes with respect to any
matter arising out of or relating to this agreement shall be subject to the
jurisdiction of Norwegian courts and submitted to Oslo District Court.
8.2 The relationship and the agreement shall
be governed by and construed in accordance with the laws of Norway. English
legal words and expressions shall be subject to Norwegian legal interpretation.
* * * * *