Payment and Delivery Terms
All payment and delivery terms presented here come into effect with any MarketForce Team projects company (MFTP).
Our payment and delivery terms are meant for
A. Market research and consultancy services carried out on demand
B. Trainings, seminars, and workshop events
C. Purchasing our publications (market and trend surveys)
A. Payment and Delivery Terms for Market Research and Consultancy Services
§ 1 If the service is rendered against invoice, the invoice amount is due for payment immediately without deduction of cash discount. Invoice amounts are stated exclusive of value-added tax. The customer shall be deemed in arrears if it does not remit payment within 14 days of the due date and receipt of the invoice. Payment shall take place without offsetting or deduction of taxes of any kind.
A payment is deemed made only when we can finally dispose of the amount, i.e. with bank transfer when credited to our account or with payment by cheque upon clearance of the cheque by the customer’s bank.
Bills of exchange or cheques will only be accepted by special agreement and only by way of fulfilment and shall be deemed payment only when cleared, Discount and direct debit fees are for the account of the ordering party. These are due immediately.
§ 2 Any offsetting against our claim shall be precluded unless the customer’s counterclaim is undisputed or legally enforceable, or based upon a claim arising from a non-cash claim entitling us to deny service or based upon claims to damages from the reciprocal relationship.
Any right of the customer to withhold shall be precluded unless the customer’s counterclaim stems from the same contractual relationship.
§ 3 In case of late payments, MFTP may surcharge an interest at a rate of 3 % above current officil European Central Bank discount rate. All rights to claim further damage and compensation reserved.
§ 4 For invoices concerning international services or deliveries which may be exclusive of VAT, if the VAT-ID of the commercial customer is provided in the invoice, the customer is obliged to notify MFTP of his VAT-ID at the closing of the contract or prior to the invoicing, at the latest three days after notice that the VAT-ID is missing. Does the customer not provide his VAT-ID, MFTP may invoice without regard of the VAT-ID even if this leads to VAT taxation of the invoiced consieration, and may in this case add the VAT to the invoiced amount. If the customer delivers his VAT-ID late, MFTP shall correct the invoice, if legally possible. If the VAT is already paid, the customer shall be liable to the payment of the VAT until the tax is reimbursed to MFTP by the tax autorities. The customer shall be liable to any additional efforts caused by the delay. MFTP shall be entitled to claim appropriate charges for the efforts.
B. Payment and Delivery Terms for Seminar Events
§ 1 For Evening, Training and Seminar Events, registration fee needs to be transferred without any deduction into our bank account 8 days after the invoice date latest. Partial payment of fees will not be accepted.
§ 2 Deviations require written confirmation by MFTP
In case an event needs to be cancelled within short terms for unforeseen circumstances, participamts will be notified immediately. In this case MFTP is only requested to reimburse the registration fees where already paid. In any case, MFTP´s liability is restricted to the registration fee.
§ 3 In exceptional cases, MFTP reserves the right to exchange speakers and lecturers.
§ 4 Withdrawals require written form and need to be sent 14 days latest prior to the starting date of the seminar. In this case an adminstration fee of € 50,00 incl. VAT will be charged. In case of withdrawals sent later or absence of participants without notification the complete registration fee is due. Incoming post date stamp or e-mail or fax time stamp at MFTP is relevant for the points of time mentioned.
C. Payment and Delivery Terms for the Purchase of Publications (Market and Trend Surveys) in our Webstore
§ 1 Availability of goods, delivery and assumption of risk
1.1 Should the customer’s choice of product not be available at the time an order is placed, the customer will be notified of this in the order confirmation. If the product is permanently unavailable, the customer will not receive a declaration of acceptance from us. The contract is not concluded in this case.
1.2 If the product ordered by the customer is not available for a period of more than two weeks, the customer has the right to withdraw from the contract. In this case we also have the right to withdraw from the contract. Any payments that have already been made will be refunded immediately.
1.3 The risk of accidental loss and accidental deterioration of the product shall pass to the customer upon transfer of the consignment to the transport company.
1.4 Partial deliveries are permitted. To that extent, the contract shall be deemed partially fulfilled except where the customer cannot reasonably be expected to accept a partial delivery.
1.5 Delivery dates are stated subject to circumstances and events beyond our control (“force majeure”) including business interruptions arising through no fault of our own, failure of our suppliers to deliver despite sufficient care or sudden strikes. Should the delivery/service be delayed through force majeure for more than 12 weeks, the customer may withdraw from contract. This period shall be shortened accordingly when the customer cannot reasonably be expected to wait for particular reasons.
§ 2 Price, maturity, retention of title, terms of payment
2.1 Deliveries are free of charge.
2.2 We request advance payment. The purchase price payment is due immediately upon conclusion of the contract without deduction of discount. For retention of title and rights reserved the provisions in Section A of these General Terms and Conditions apply.
2.3 If payment of the purchase price is not received within 14 days of the due date, the contract is deemed to be cancelled.