Terms and Conditions

General Terms and Conditions of Delivery and Payment

Trading By Bjorn
Bentheimerstraat 24B
7587 NH De Lutte
The Netherlands
Chamber of Commerce number: 73423726

Table of Contents
Article 1 – Applicability
Article 2 – Agreements
Article 3 – Offers
Article 4 – Engagement of Third Parties
Article 5 – Obligations of the Other Party
Article 6 – Delivery and Completion Periods
Article 7 – Progress and Performance of the Agreement
Article 8 – Additional and Reduced Work
Article 9 – Completion, Approval and Maintenance Period
Article 10 – Complaints and Returns
Article 11 – Liability and Warranty
Article 12 – Payment
Article 13 – Retention of Title
Article 14 – Pledge/Warrantage
Article 15 – Bankruptcy, Loss of Authority to Dispose, etc.
Article 16 – Force Majeure
Article 17 – Termination and Cancellation
Article 18 – Applicable Law / Competent Court
Article 19 – Training Courses, Cancellation and No-Show

Article 1 – Applicability
1. These Terms and Conditions apply to all offers and to all purchase and sale agreements, all agreements for the performance of work, as well as training courses, of Trading By Bjorn, established in De Lutte, hereinafter referred to as “the Company”.

2. The purchaser and/or client shall hereinafter be referred to as “the Other Party”. If a provision specifically relates to a situation in which the Other Party is a natural person who is not acting in the exercise of a profession or business, that person shall be referred to as “the Consumer”.

3. Terms and conditions with different wording shall only form part of the agreement concluded between the parties if and insofar as both parties have expressly agreed to this in writing.

4. In these Terms and Conditions, “in writing” shall also mean by email, fax or any other means of communication which, in view of the state of technology and generally accepted standards, may be regarded as equivalent.

5. Acceptance and retention by the Other Party, without comment, of a quotation or order confirmation which refers to these Terms and Conditions shall constitute consent to their applicability.

6. The possible inapplicability of a provision, or part of a provision, of these Terms and Conditions shall not affect the applicability of the remaining provisions.

Article 2 – Agreements
1. Agreements for the performance of work and/or purchase and sale agreements may be concluded either verbally or in writing.

2. Verbal agreements shall only bind the Company after they have been confirmed in writing by the Company, or as soon as the Company, with the consent of the Other Party, has commenced performance.

3. Additions or amendments to these Terms and Conditions, or other amendments or additions to the agreement, shall only become binding after written confirmation by the Company.

Article 3 – Offers
1. All offers, quotations, price lists, etc. issued by the Company are non-binding unless they contain a period for acceptance. If a quotation or offer contains a non-binding offer and that offer is accepted by the Other Party, the Company shall have the right to revoke the offer within 2 working days after receipt of the acceptance.

2. The prices charged by the Company and the prices stated in offers, quotations, price lists, etc. are exclusive of VAT and any costs. Such costs may include, but are not limited to, travel expenses, transport costs and charges from third parties engaged by the Company, unless expressly stated otherwise in writing.

3. Offers are based on the performance of work under normal circumstances and during the Company’s normal working hours, as well as on deliveries of the materials required for such work, unless the parties have expressly agreed otherwise in writing.

4. Offers are furthermore based on information provided by the Other Party and any measurements carried out by the Company.

5. Unless the parties have expressly agreed otherwise in writing, the quoted price for carrying out work does not include:
a. excavation, piling, demolition, foundation, masonry, plastering, painting, wallpapering, repair or other construction work of any kind, including levelling and cleaning floors, walls or other items;
b. additional assistance for moving parts that cannot be handled by the Company itself, as well as lifting or hoisting equipment and tackles required for this purpose;
c. creating hatches or openings, covering finished floors, clearing rooms and moving furniture.

6. Samples, brochures, drawings, models, specifications of colours, dimensions, weights and other descriptions shown and/or supplied are as accurate as possible, but are indicative only. No rights may be derived from them unless the parties have expressly agreed otherwise in writing.

7. The Company shall be entitled to charge the Other Party for costs associated with an offer or quotation, provided that the Company has informed the Other Party of these costs in writing in advance.

8. a. If, between the date on which the agreement is concluded and the date on which it is performed, government authorities and/or professional organisations change wages, employment conditions, social insurance contributions, etc., the Company shall be entitled to pass these increases on to the Other Party. If a new price list is issued and takes effect by the Company and/or its suppliers between the aforementioned dates, the Company shall be entitled to charge the prices stated therein to the Other Party.
b. For agreements concluded with Consumers, price increases may be passed on or charged 3 months after conclusion of the agreement. In the event of price increases within a period shorter than 3 months, the Consumer shall be entitled to terminate the agreement.

Article 4 – Engagement of Third Parties
1. If and insofar as proper performance of the agreement requires this, the Company shall have the right to have certain work and/or deliveries carried out by third parties.

2. If the assignment requires the Company to cooperate with several third parties, the Other Party shall be obliged to appoint a person to lead them and to determine the division of tasks between them. In consultation with the Company and subject to the Company’s consent, the Other Party may delegate this authority to the Company.

Article 5 – Obligations of the Other Party
1. The Other Party shall ensure that:
a. the Company is informed no later than 3 weeks before the date on which the work is to commence of the final colour selection(s) of the floor(s) to be supplied;
b. the Company is given access, during the previously announced working hours, to the location(s) where the work is to be carried out. If the work takes place in business premises, those premises must be closed to the public during the work;
c. at the start of delivery and/or the work, the place where the work is to be carried out is free from excess materials, rubble, etc. The location must also have been cleaned and be free of lime, cement, dirt residues or loose parts, and any necessary groundwork must have been carried out;
d. if third parties are also required to carry out work at the location concerned, that work has been completed before the Company starts its work, so that the Company can perform its work there without obstruction;
e. the Company is warned within a reasonable period before the date on which the work was due to commence under the agreement if the Company cannot carry out its work at the agreed time;
f. the Company has timely access to sufficient facilities for the delivery, storage and/or removal of materials and equipment. In any event, the location must have a firm, wide access road suitable for large lorries. Materials and equipment are transported using long-distance lorries that do not have all-wheel drive. The Other Party must ensure that problems with the delivery of materials and equipment are avoided. If, for example, work is being carried out on access roads, the Company shall be entitled to charge waiting time caused thereby at its usual hourly rate;
g. if the work is to be carried out on a floor other than the ground floor, hoists, cranes, goods lifts, etc. required for vertical transport of equipment and materials are available. The costs thereof shall be borne by the Other Party;
h. the Company can use connections for any required utilities, such as electricity, gas, clean water, etc., and that all lighting at the location is operational. Energy costs shall be borne by the Other Party;
i. the location where the work is to be carried out is heated evenly, with a substrate temperature of at least 15 degrees Celsius;
j. the location is completely windproof and watertight, while sufficient ventilation facilities are available;
k. at the Other Party’s location, or another location designated by it, where the Company and/or third parties engaged by the Company are to carry out work in connection with performance of the agreement, all other facilities reasonably required by the Company and/or such third parties are available free of charge. In any event, a functioning toilet must be available at the location;
l. the relative humidity in the room where the work is to be carried out is no more than 75%. Before work commences, the Company will measure the relative humidity using its own equipment and assess whether it meets the requirement. The Other Party must also ensure that the relative humidity remains at the stated level after completion of the work;
m. the moisture content of newly installed sand-cement substrates and concrete floors does not exceed 2.5%. For an anhydrite substrate, the moisture content must not exceed 0.5%. Before work commences, the Company will measure the moisture content using its own equipment and assess whether the substrate meets the requirement;
n. where an anhydrite floor is involved, the surface film has been removed by sanding before the work commences;
o. the place where the Company’s goods, equipment, materials, etc. are to be stored is such that damage in any form or manner, or theft, cannot occur.

2. The Other Party shall be liable for loss of and/or damage to goods, materials, tools and machines, etc. stored by the Company at the Other Party’s premises during performance of the work.

3. The Other Party guarantees proper accessibility of the destination and/or unloading location and is responsible for unloading.

4. The Other Party is obliged to inform the Company about the condition of the ground, including any contamination and the compressive strength of the substrate to be worked on. The Other Party also guarantees the completeness of this and all other information.

5. The Other Party is obliged to inform the Company about the location of cables, pipes, etc. in the place where the work is to be carried out.

6. If the aforementioned obligations have not been fulfilled in time, the Company shall be entitled to suspend performance of the agreement until the Other Party has fulfilled them. Costs associated with the resulting delay or with additional work shall be borne by the Other Party.

Article 6 – Delivery and Completion Periods
1. Stated periods within which goods must be delivered and/or work must be carried out shall never be regarded as strict deadlines unless the parties have expressly agreed otherwise in writing. If the Company fails to fulfil its obligations under the agreement or fails to do so on time, it must therefore be given written notice of default.

2. In the event of delivery or completion in parts, each delivery and/or phase shall be regarded as a separate transaction and may be invoiced separately by the Company.

3. The risk relating to delivered goods passes to the Other Party at the time of delivery. For the purposes of these Terms and Conditions, delivery means the moment at which the goods to be delivered arrive at the Other Party’s location or at the location designated by the Other Party.

4. The Company shall be entitled, in respect of the Other Party’s financial obligations, to require advance payment or security from the Other Party before proceeding with delivery and/or commencing the work.

5. Unless expressly stated otherwise in the order confirmation, goods supplied by By Bjorn may have a slight colour deviation of no more than ΔE 2.5 from the colour stated in the quotation and/or accompanying product information. A colour deviation within the stated tolerance shall not entitle the purchaser to refuse the purchased goods or to make any other claim.

Article 7 – Progress and Performance of the Agreement
1. The Company cannot be required to commence the work and/or delivery of goods until all necessary information is in its possession and it has received any agreed advance or instalment payment. Any resulting delays shall lead to a corresponding adjustment of the stated delivery/completion periods.

2. If deliveries or work cannot proceed normally or without interruption due to causes beyond the Company’s control, the Company shall be entitled to charge the resulting costs to the Other Party.

3. If, during performance of work accepted by the Company, it becomes apparent that such work cannot be carried out, either due to circumstances unknown to the Company or due to any force majeure event, the Company shall be entitled to require that the assignment be amended in such a way that performance becomes possible, unless performance will remain impossible as a result of the unknown circumstances or force majeure. In that case, the Company shall be entitled to full payment for work already performed and/or deliveries already made.

4. Unless the parties have expressly agreed otherwise in writing, floor levelling work and/or repairs to subfloors shall be carried out on a time-and-materials basis.

5. Unless the parties have expressly agreed a specific flatness class in writing, a Beton Ciré/Lavasteen finish will always follow the contours of the substrate.

6. All expenses incurred by the Company in connection with performance of the agreement at the request of the Other Party shall be borne entirely by the Other Party unless the parties have expressly agreed otherwise in writing.

Article 8 – Additional and Reduced Work
1. Additional and reduced work must be agreed verbally or in writing between the Company and the Other Party. Additional and reduced work agreed verbally must be confirmed in writing by the Company.

2. Settlement of additional and/or reduced work shall take place:
a. in the event of changes to the original assignment;
b. in the event of unforeseeable increases or decreases in costs and deviations from adjustable and/or estimated quantities;
c. in cases provided for in these Terms and Conditions.

3. Additional and/or reduced work shall be settled in one amount with the final settlement, unless the parties have expressly agreed otherwise in writing.

4. If the total amount of reduced work exceeds that of additional work, the Company shall be entitled to compensation equal to 15% of the amount by which the reduced work exceeds the additional work.

Article 9 – Completion, Approval and Maintenance Period
1. If the agreement also concerns the performance of work, the Company is obliged to inform the Other Party that the agreed work has been completed and is ready for use.

2. The work shall be deemed completed if it has been made fully ready for use and placed at the disposal of the Other Party, the Other Party has inspected the work and the completion statement and/or work order has been signed by the Other Party for approval.

3. The work shall also be deemed completed if the Other Party has, insofar as possible, put the work into use or has not submitted a complaint to the Company within 2 weeks after being informed that the work has been completed and is ready for use.

4. Work by third parties that has not yet been carried out and/or completed and which affects proper use of the work shall not affect the ready-for-use status of the work performed by the Company and agreed with the Other Party.

5. Minor defects that can reasonably be remedied during the maintenance period shall not constitute grounds for withholding approval, provided that they do not prevent the work from being put into use.

6. The Company is obliged to remedy the minor defects referred to in paragraph 5 as soon as possible. The maintenance period is 30 days and starts immediately after the day on which the work is deemed completed in accordance with paragraph 2 or paragraph 3 of this Article.

7. The Company is obliged to remedy as soon as possible any defects that become apparent during the maintenance period and are at the Company’s risk.

Article 10 – Complaints and Returns
1. The Other Party is obliged to inspect the goods immediately upon receipt. If the Other Party discovers visible defects, errors, imperfections and/or shortcomings, these must be noted on the consignment note and/or accompanying document and immediately reported to the Company, or the Other Party must inform the Company thereof within 24 hours after receipt of the goods, followed by immediate written confirmation.

2. Other complaints must be reported to the Company by registered letter within 8 days after receipt of the goods.

3. If the aforementioned complaints have not been reported to the Company within the periods referred to above, the goods shall be deemed to have been received in good condition.

4. No complaints may be made in respect of damage attributable to an insufficiently level subfloor that was not installed by the Company. Before commencing work, the Company will inform the Other Party if the subfloor is insufficiently level. The Other Party is obliged to carry out or arrange for the repair, or accept the risk. Nor will complaints be accepted if they are the result of a subfloor that is not permanently dry, relative humidity deviating from Article 5 paragraph 1(l), or structural defects in the property.

5. No complaints shall be accepted in respect of discolouration, shrinkage joints and/or hairline cracks caused by direct exposure to heat sources such as sunlight, central-heating pipes and/or fireplaces.

6. If the Company carries out repairs to existing floors, no complaints may be made regarding any differences or deviations in colour(s), colour compositions, materials and/or structure compared with the remainder of the floor.

7. No complaints may be made in respect of imperfections caused by the characteristics of natural products or work carried out on them if those imperfections are connected with the nature and characteristics of the raw material(s) from which the product is manufactured. This shall be assessed by the Company.

8. Complaints do not suspend the Other Party’s payment obligation.

9. The Company must be given the opportunity to investigate the complaint. If returning goods proves necessary for investigating the complaint, this shall only be at the Company’s expense and risk if the Company has expressly agreed to this in writing in advance.

10. If, after delivery, the nature and/or composition of the goods has been changed, or the goods have been wholly or partly treated or processed, damaged or repackaged, any right to complain shall lapse.

11. In the event of justified complaints, the damage shall be dealt with in accordance with Article 11.

Article 11 – Liability and Warranty
1. The Company shall perform its duties as may be expected of a business in its sector, but accepts no liability whatsoever for damage, including death and personal injury, consequential loss, business loss, loss of profit and/or loss due to interruption, resulting from acts or omissions of the Company, its personnel or third parties engaged by it, except insofar as there is intent and/or deliberate recklessness on the part of the Company itself, its management and/or supervisory personnel.

2. Without prejudice to the other paragraphs of this Article, the Company’s liability, on whatever grounds, shall be limited to the amount of the net price of the goods supplied and/or work performed.

3. Without prejudice to the preceding paragraphs of this Article, the Company shall never be obliged to pay compensation exceeding the insured amount, insofar as the damage is covered by an insurance policy taken out by the Company.

4. If the delivered goods and/or completed work show visible errors, imperfections and/or defects which must already have been present at the time of delivery/completion, the Company undertakes, at its discretion, to repair or replace those goods free of charge.

5. The Company shall not be liable for minor colour deviations.

6. If drilling is required for fixing edge finishes and/or skirting boards, the Company shall not be liable for damage to pipes and/or cables intended for gas, water or electricity.

7. The Company guarantees the usual normal quality and soundness of the goods/work delivered or completed; the actual service life thereof can never be guaranteed.

8. a. In all cases, the period within which the Company may be held liable for compensation for established damage shall be limited to 6 months, calculated from the moment at which liability for compensation has been established.
b. By way of derogation from subparagraph a, a maximum period of 1 (one) year shall apply to Consumers.

9. If goods supplied by the Company are covered by a manufacturer’s warranty, that warranty shall apply in the same manner between the parties.

10. Cracking may occur in poured floors due to stresses in the substrate or external influences. This is regarded as a natural phenomenon and is not covered by our warranty.

11. The Other Party shall lose its rights against the Company, shall be liable for all damage and shall indemnify the Company against any third-party claim for damages if and insofar as:
a. the aforementioned damage was caused by improper use and/or use contrary to the Company’s instructions or advice and/or improper storage of the delivered goods by the Other Party;
b. the aforementioned damage was caused by errors, omissions or inaccuracies in data, materials, information carriers, etc. supplied and/or prescribed to the Company by or on behalf of the Other Party;
c. the aforementioned damage was caused because the Other Party provided insufficient or incorrect information to the Company and the Company based and/or performed the work on that information;
d. the aforementioned damage was caused because the Other Party or a third party acting on its instructions carried out work on the delivered goods without the Company’s prior written permission;
e. the aforementioned damage was caused by instructions given to the Company by or on behalf of the Other Party.

12. Discolouration, marks, plasticiser reactions or other chemical reactions caused by third-party materials that come into contact with the delivered goods, including but not limited to rubber mats, entrance mats, walk-off mats, carpets, furniture caps, tyres, protective materials or other products containing plasticisers, are not covered by the warranty and do not constitute grounds for liability on the part of the Company. Such discolouration and/or reactions are regarded as external chemical effects on the delivered product. The Other Party is responsible for using suitable materials.
Use only plasticiser-free mats and protective materials.

Article 12 – Payment
1. Payment must be made within 14 days after the invoice date, unless the parties have expressly agreed otherwise in writing.

2. If an invoice has not been paid in full after expiry of the period referred to in paragraph 1 of this Article:
a. from that moment, the Other Party shall be charged a credit restriction surcharge of 2%, without any further notice of default being required;
b. the Other Party shall owe the Company default interest of 2% per month, calculated cumulatively on the principal sum. Parts of a month shall be regarded as full months for this purpose;
c. after being given notice by the Company, the Other Party shall owe, in respect of extrajudicial costs, at least 15% of the sum of the principal amount and the default interest, with an absolute minimum of €150.00;
d. the Company shall have the right to charge the Other Party at least €20.00 in administration costs for each payment reminder, demand, etc. sent to the Other Party. The Company shall state this in the agreement and/or on the invoice.

3. At the Company’s discretion, in the aforementioned or corresponding circumstances, the agreement may, without further notice of default or judicial intervention, be dissolved in whole or in part, whether or not combined with a claim for damages.

4. If the Other Party has not fulfilled its payment obligations on time, the Company shall be entitled to suspend performance of its obligations towards the Other Party to deliver goods and/or perform work until payment has been made or adequate security has been provided. The same shall apply even before the Other Party is in default if the Company has reasonable grounds to doubt the Other Party’s creditworthiness.

5. Payments made by the Other Party shall always first be applied to all interest and costs due and subsequently to due and payable invoices that have been outstanding the longest, unless the Other Party expressly states in writing at the time of payment that the payment relates to a later invoice.

6. a. If the Other Party has or acquires one or more counterclaims against the Company on whatever grounds, the Other Party waives the right to set off those claim(s). This waiver of the right of set-off shall also apply if the Other Party applies for a provisional suspension of payments or is declared bankrupt.
b. The provisions of subparagraph a of this paragraph do not apply to agreements with Consumers.

Article 13 – Retention of Title
1. The Company retains title to the goods delivered and to be delivered until the Other Party has fulfilled its related payment obligations towards the Company. These payment obligations consist of payment of the purchase price, increased by claims relating to work performed in connection with that delivery, as well as claims relating to any compensation for failure by the Other Party to fulfil its obligations.

2. Goods subject to retention of title may only be resold by the Other Party in the normal course of business.

3. If the Company invokes retention of title, the agreement concerned shall be regarded as dissolved, without prejudice to the Company’s right to claim compensation for damage, loss of profit and interest.

4. The Other Party is obliged to inform the Company immediately in writing if third parties assert rights to goods subject to retention of title under this Article.

Article 14 – Pledge/Warrantage
Until the Other Party has fully fulfilled its related payment obligations towards the Company, the Other Party shall not be entitled to pledge delivered goods to third parties and/or create a non-possessory pledge over them and/or place the goods in the actual possession of one or more financiers for storage (warrantage), as this shall be regarded as an attributable failure to perform on its part. The Company may then immediately, without being required to give any notice of default, suspend its obligations under the agreement or dissolve the agreement, without prejudice to the Company’s right to compensation for damage, loss of profit and interest.

Article 15 – Bankruptcy, Loss of Authority to Dispose, etc.
Without prejudice to the provisions of the other Articles of these Terms and Conditions, the agreement concluded between the Other Party and the Company shall be dissolved without judicial intervention and without any notice of default being required at the time when the Other Party is declared bankrupt, applies for a provisional suspension of payments, is subject to an enforcement attachment, is placed under guardianship or administration, or otherwise loses the authority to dispose of or legal capacity in respect of its assets or parts thereof, unless the trustee or administrator recognises the obligations arising from the agreement as liabilities of the estate.

Article 16 – Force Majeure
1. If performance of the Company’s obligations under the agreement concluded with the Other Party is impossible and this is due to a non-attributable failure on the part of the Company and/or third parties or suppliers engaged for performance of the agreement, or if another compelling reason arises on the Company’s side, the Company shall be entitled to dissolve the agreement concluded between the parties or suspend performance of its obligations towards the Other Party for a reasonable period to be determined by the Company, without being liable for any compensation. If the aforementioned situation occurs after the agreement has been partially performed, the Other Party shall be obliged to fulfil its obligations towards the Company up to that moment.

2. Circumstances constituting a non-attributable failure shall include, among other things: war, riots, mobilisation, domestic and foreign civil unrest, government measures, strikes and lockouts by workers or threats of such circumstances; disruption of currency relationships existing at the time the agreement was concluded; business interruptions caused by fire, accidents or other events and natural phenomena, irrespective of whether the failure or late performance occurs at the Company, its suppliers or third parties engaged by it for performance of the obligation.

Article 17 – Termination and Cancellation
1. a. The Other Party waives all rights to dissolve the agreement pursuant to Article 6:265 et seq. of the Dutch Civil Code or other statutory provisions, unless mandatory statutory provisions prevent this. This is without prejudice to the right to cancel or terminate the agreement pursuant to this Article.
b. The provisions of subparagraph a do not apply to agreements with Consumers.

2. For the purposes of these Terms and Conditions, cancellation means termination of the agreement by either party before performance of the agreement has commenced.

3. For the purposes of these Terms and Conditions, termination means termination of the agreement by either party after performance of the agreement has commenced.

4. If the Other Party terminates or cancels the agreement, the Company shall in any event be entitled to charge the Other Party compensation of €250.00 per terminated or cancelled project. This is without prejudice to the Company’s right to charge the Other Party for actual costs incurred, damage suffered and loss of profit.

5. The Other Party shall be liable towards third parties for the consequences of cancellation or termination and shall indemnify the Company in this respect.

6. Amounts already paid by the Other Party shall not be refunded.

Article 18 – Applicable Law / Competent Court
1. The agreement concluded between the Company and the Other Party shall be governed exclusively by Dutch law. Disputes arising from the agreement shall also be settled in accordance with Dutch law.

2. By way of derogation from paragraph 1 of this Article, the proprietary consequences of retention of title in respect of goods intended for export shall, if the legal system of the country and/or state of destination of the goods is more favourable to the Company, be governed by that law.

3. Any disputes shall be settled by a competent Dutch court, provided that the Company shall be entitled to bring proceedings before the competent court in the place where the Company is established, unless the subdistrict court has jurisdiction in the matter.

4. In disputes with Consumers, the Consumer may, within 1 (one) month after the Company has informed the Consumer that the matter will be submitted to court, state that the Consumer chooses to have the dispute settled by the court that has jurisdiction by law.

5. With regard to disputes arising from an agreement concluded with an Other Party established outside the Netherlands, the Company shall be entitled to act in accordance with paragraph 3 of this Article or, at its discretion, to bring the dispute before the competent court in the country and/or state where the Other Party is established.

Article 19 – Training Courses, Cancellation and No-Show
1. For the purposes of these Terms and Conditions, a training course means any course, educational programme, workshop, coaching programme, seminar or other form of knowledge transfer organised by the Company, regardless of whether it takes place physically or online.

2. Registration for a training course shall be made in writing and shall be binding after confirmation by the Company.

3. Cancellation by the Other Party must be made in writing. The date on which the Company receives the cancellation shall be regarded as the cancellation date.

4. In the event of cancellation, the following charges apply:
a. Cancellation up to 14 days before the start of the training course: free of charge;
b. Cancellation within 14 days before the start of the training course: 50% of the agreed amount;
c. Cancellation within 7 days before the start of the training course: 100% of the agreed amount.

5. If the Other Party fails to attend the training course without prior written cancellation (no-show), the Other Party shall owe the full agreed amount. No refund shall be made in that case.

6. If the Other Party is unable to attend, it is permitted to nominate a replacement participant, provided this is reported to the Company in writing no later than 24 hours before the start of the training course.

7. The Company reserves the right to cancel or reschedule a training course in the event of insufficient participation or force majeure. In that case, the Other Party shall be entitled to repayment of amounts already paid or, at the Other Party’s option, participation on an alternative training date. The Other Party shall not be entitled to any additional compensation.

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