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Legal Notice

General Terms and Conditions for Services

Definitions

VDA QMC China may perform services for persons or entities (hereinafter, the “Client”).
The General Terms and Conditions shall be applicable to all orders, resulting contracts and related arrangements, including all offers made or service provided by VDA QMC China or any of its affiliated companies.
VDA QMC China strongly recommends any Client or potential Client to read the full text of these General Terms and Conditions prior to placement of any order to or conclusion of any contract with VDA QMC China. The Client’s placement of orders as well as the conclusion of contracts with VDA QMC China shall be regarded as awareness and acceptance of these General Terms and Conditions.
Ancillary agreements, promises and other statements made on the part of staff or experts of VDA QMC China by them shall be binding only if they are expressly confirmed by VDA QMC China in writing.

1.Booking

Bookings shall be made in writing, either via the online-booking or by letter, fax or email by Client. Client shall provide and fill out required information for booking and registration completely and legibly. VDA QMC China needs the information to issue invoice, Fapiao as well as the VDA QMC certificates.
For some trainings of VDA QMC China there are special prerequisites concerning professional qualifications and experience. If the Client does not fulfill required prerequisites, VDA QMC China reserves the right to decline the booking of the training.
Written confirmation (letter, fax or email) of VDA QMC China shall make the bookings legally binding.

2.VDA QMC China’s obligation

With due care and skill, VDA QMC China will provide service according to Client’s specific instructions as made available by the Client. In the absence of Client’s specific instruction, VDA QMC China shall provide service based on following VDA methods and qualification:
The VDA methods and requirements (VDA Standards) are developed in VDA work groups which consist of most experienced OEM und supplier experts
These standards & methods define the „state of the art“ of quality management in the German automotive industry; VDA work groups constantly further develop the standards
• VDA-QMC is aiming to “from best practice – for best practice”
• VDA-QMC trainers are constantly informed and updated about training contents and training methods of the VDA
• VDA-QMC trains, coaches and supports implementation of VDA methods for best practice.
• VDA-QMC provides a consistent set of automotive QM-Systems and methods

3.Client’s obligations

The Client shall ensure all required supporting documents, information and instructions as submitted are accurate, true and complete. The information is to be submitted in a timely not later than two days from the date of which the services are requested by the Client.
The Client shall make necessary equipment and personnel available for the performance of the services, if required.
The Client shall ensure that for the safety and security of working conditions, sites and installations, all necessary measures are taken during the performance of service. In this respect, the Client will not rely on the advice of VDA QMC China whether required or not.

4.Fees & payment

The request for Quotation (RfQ) from VDA QMC China shall be done in written form.
The service and price proposal between VDA QMC China and the Client shall be written in a Quotation which validity date is 30. VDA QMC China reserves the right to renew the price of service after then. The final price will be agreed by the client within a Purchase Order or contract which shall be signed by both sides.

All the prices in Quotation, Purchase Order, and contract of VDA QMC China shall be including VAT.

The price of material includes material and domestic postage. Overseas postage and bank commission shall be borne by Client.
The price of training includes training, training material, tea break and refreshment. The Client shall book and pay for his/her own travel and overnight accommodation. Bank commission shall be borne by Client if Client registers in a foreign country out of PRC. The price of other services shall be agreed specifically in service contracts.

VDA QMC China charges the service fee by cash, check and bank transfer while the cash can be accepted only for individual client. According to the contract or Purchase Order, if the client pays in advance, VDA QMC China shall issue invoice within 5 working days after collection; if the client pays after training, VDA QMC China shall issue invoice within 5 working days after training with exception of special case. The Client shall provide the following information in Purchase Order or contract for getting invoice:
-Address and post code
-Contact person and telephone number
-Contact person related training on client side, position and telephone number

VDA QMC China is able to issue English version invoice, Chinese VAT ordinary invoice and special invoice. For the Client registered in a foreign country out of PRC, VDA QMC China shall issue English version invoice in USD or EUR. The corresponding exchange rate shall be chosen from exchange quotation announced by Bank of China at the same date of signing contract. For the Client registered in PRC, VDA QMC China shall issue Chinese VAT ordinary invoice or special invoice. The Client shall state the invoice type in Purchase Order or contract. VDA QMC China shall issue the invoice accordingly. If the Client need VAT special invoice the following information shall be stated in Purchase Order or contract:
-Company Name
-Tax registered number
-Company address and telephone number
-Bank name and bank account Number

The certificate shall be issued after Client’s payment.

According to the payment term in Purchase Order or contract, if the payment which shall be paid by client is overdue, VDA QMC China is entitled to request late payment interest of additional 5% above the base interest rate as set by the Bank of China.

For the collection of unpaid fees, VDA QMC China may decide to bring action in jurisdictional court. The corresponding collection costs, including attorney’s fees and related costs, shall be borne by the Client, as far as the mandatory local law does not provide otherwise.

If VDA QMC China is unable to perform all or parts of the services for any cause beyond its control, including the failure by Client to comply with any of its obligations, VDA QMC China shall be entitled to payments of:
The amount of all non-refundable expenses incurred by VDA QMC China; and
A proportion of the agreed fee equal to the proportion of the services actually carried out.

5.Alternation & Cancellation

Alternations are to be made in writing.
VDA QMC China may accept a replacement participant at no additional cost as applied by client if the participant is approved to meet the registration requirements.
VDA QMC China reserves the right to replace the trainer or examiner – not only in case of illness or non-availability of the same.

Cancellations are to be made in writing.
All confirmed bookings that are cancelled by the client shall carry a 10% cancellation fee to cover administration costs and if the booking is cancelled within the below timescales then the following fees will apply:
Within 14 days of the delivery of the service = 50% of the full fee
Within 7 days of the delivery of the service = 100% of the full fees

Postpone are to be made in writing.

Allconfirmed bookings that are postponed by the client, the following fee willapply:

Within14 days of the delivery of the service = 10% of the full fee

Within7 days of the delivery of the service = 15% of the full fees



VDA QMC China reserves the right to make alterations, to cancel the service or to move the training to another location and/or time at short notice. Client shall be notified immediately if the training cannot take place as a result of force majeure, if a trainer is unable to attend, or if there are difficulties and problems at the venue or insufficient participant numbers. If the service is cancelled and if any fees have already been paid, these shall be refunded back to the client.

In following case, VDA QMC China shall be entitled to either cancel or terminate the provision of the service immediately and without any liability:
Failure by the Client to comply with any of its obligations under these General Terms and Conditions; or any suspension of payment by Client.

6.Copyright & Confidentiality

VDA QMC China retains its intellectual property rights and copyrights in all of its material and documents.
Material and documents are made available to the client of the training for his/her exclusive personal use on the occasion of or after the training course. Any passing on, copying or dissemination-in which form –, or stored in any retrieval system is not permitted. If VDA QMC China becomes aware of such use, then legal action may be taken to stop such activity and to seek compensation.
Personal data of the Client shall be processed and used by VDA QMC China only for the purpose to fulfill the service the Client books. VDA QMC China shall not pass on or allow third parties to view such data.

7.Liability

Clients seeking a guarantee against loss or damage should obtain appropriate insurance. VDA QMC China is neither an insurer nor a guarantor and disclaims all liability in such capacity. VDA QMC China shall not be liable for any accidents and loss or damage to property belongings to the Client.

Based on its obligation hereunder, VDA QMC China tries to ensure its services accurate, complete and up to date including but not limited to trainings, material, information, e-newsletter, website, links in website and other service items. However, VDA QMC China does not guarantee absolute accuracy and completeness of all its services. Client shall properly refer and use the services according to its practical situation.

For any direct, indirect or accidental loss or damage arising while Client uses VDA QMC China’s services including but not limited to trainings, material, information, e-newsletter, website, links in its website and other service items, VDA QMC China shall not have any liabilities, no matter the loss or damage is caused by misunderstanding, miss-operation, negligence, breaching of contract, libel of Client or even computer virus. 

VDA QMC China shall not be liable for any delayed, total or partial non-performance of the services arising directly or indirectly from any event outside the VDA QMC China’s control including failure by Client to comply with any of its obligations hereunder.

VDA QMC China may delegate the performance of all or part of the services to an agent or subcontractor. If Client and the agent/subcontractor reach an agreement or contract in writing, VDA QMC China shall not be liable for the performance of the agent or subcontractor.

8.Applicable law & Place of Jurisdiction

Unless specifically agreed otherwise, all disputes arising out or in connection with contractual relationship(s) shall be governed by the applicable laws and regulations of the People’s Republic of China. Place of jurisdiction for any disputes arising out of the contract of VDA QMC China and Client shall be Beijing.