General Conditions for Direct Debit
Version valid from 01-01-2020
1.1. "Contractor" is a company under the firm Marek Vastgoed VOF called as MV Incasso hereinafter referred to as "MV Incasso".
1.2. "Client" is the (legal) person di enters into a contract agreement with MV Collection purpose and competence.
2.1. These terms and conditions apply to all offers, quotations, agreements, all related activities that are performed in the context of collection activities and individual orders, as well as information provision, whether or not by electronic means of communication. They also apply to additional and follow-up assignments.
2.2. General terms and conditions of the client, in whatever name, do not apply to agreements between the client and MV Incasso.
2.3. Deviations from these conditions are only valid if they have been accepted in writing by MV Incasso. In the event of a conflict between these terms and conditions and what has been agreed otherwise in writing, what has been agreed otherwise in writing takes precedence.
2.3. MV Incasso reserves the right to make changes to the general terms and conditions.
3. Obligations of the contractor
MV debt collection will exercise due care in the execution of the assignment and take the interests of the client into account to the best of its ability.
4. Obligations of the client
4.1. The client declares to be authorized to enter into agreements with the MV Incasso, as well as to personally guarantee compliance with the obligations arising therefrom, whereby the client is also obliged to reimburse the costs of legal proceedings of the principal debtor as a surety.
4.2. If the client receives a payment in an ongoing matter, he must notify the MV Incasso of this as soon as possible. This also applies to the sending of a credit note, or when he receives goods back, or to report any other circumstance that changes the amount to be collected.
4.3. The costs related to any counterclaims, or claims in indemnification, will never be for the account of MV Incasso, but will always be for the account of the client.
4.4. The client is obliged to cooperate as much as possible in the execution of the assignment, whereby the client will always provide all useful and necessary information in a timely manner and will guarantee the correctness of this information.
MV Incasso is not obliged to check the correctness of the information provided.
4.5. If the information necessary for the execution of the order has not been made available to MV Incasso or is not made available to MV Incasso in time or in accordance with the agreements, or if the client does not fulfill its obligations towards MV Incasso in some other way, this can lead to suspension of the fulfillment. of the obligations of MV Incasso . The client is without prejudice obliged to reimburse extra costs that must be incurred as a result to MV Incasso.
5. Deviating provisions
5.1. Any deviations from these conditions must be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into later. In the event that MV Incasso has not or not fully exercised one or more rights accruing to it under these terms and conditions for a period, the client cannot derive any rights from this for the future.
6.1. The client agrees that MV Incasso has the agreement executed under the responsibility of third parties.
6.2. All assignments are exclusively accepted and carried out by MV Incasso, if it is envisaged that an assignment will be carried out by a specific third party, the client is exclusively obliged, upon delivery of the assignment, any copy of invoices, correspondence and other documents relating to the file. MV Incasso available. The correctness and the truthfulness of the documents supplied by the client and the alleged legal claim are guaranteed by the latter.
6.3. MV Incasso is at all times authorized to refuse an order without stating reasons.
6.4. MV Incasso is not liable for the inaccuracy or lack, or ambiguities, in the data provided by the client.
6.5. if the client delivers or withdraws a collection order incorrectly or inadequately, transfers it to a third party in the event of sale or pledges the pending claims to another (legal) person, outside
MV Incasso or makes a payment arrangement or settlement with the debtor, carries out further collection activities despite a request to that effect, leaves MV Incasso no more notice, or prevents further collection processing by MV Incasso, MV Incasso is entitled to to terminate activities on the basis of a failure to perform by the client, and to close the relevant files, without it becoming liable to pay compensation to the client. In such cases, the disbursements, costs and interest will be calculated as if they had been collected in full and any discounts will lapse. Client is obliged to reimburse extra costs that must be incurred as a result to MV Incasso.
6.6. The client authorizes MV-Incasso to perform all necessary judicial and extrajudicial acts on behalf of the client that are necessary in its opinion. This includes, but is not limited to, approaching the debtor in writing, by telephone, text message, e-mail and in person, charging interest and costs to the debtor, receiving money for the client, making depending on the specific circumstances of the case reasonable payment arrangement, the engagement of third parties. The work will always be carried out at the expense and risk of the client.
6.7. The activities agreed with MV Incasso are limited to the performance of legal, advisory (collection) activities. The assignment explicitly does not consist of advising on financial, tax, insurance technical, social insurance technical or other matters that are prohibited.
6.8. Other activities that do not fall within the framework of normal collection of legal activities, such as but not limited to, conducting negotiations, giving advice, assessing (legal) problems, submitting a reply, conducting legal proceedings, role work, drafting summonses, writing conclusions, preparing and attending a personal appearance of the parties, hearing witnesses, on-site viewing, traveling time, study and implementation of sentences. Parking costs, toll costs and the like are separately based on the hourly rate of € 75.00 xcl. 21% VAT will be charged to the client. An invoice for the work performed will be issued to the client and must be paid within 14 days after shipment.
6.9. MV Incasso is entitled to suspend its activities until the requested advance or invoice amounts have been credited to its account and cannot be held liable for any consequences that may entail due to late payment of the advance or invoice amounts and delay or neglect the collection case.
6.10. In all cases in which a claim turns out to be irrecoverable, the client owes MV Incasso the disbursements made by MV Incasso and an amount to be determined in fairness and fairness for its activities, with a minimum of € 35.00.
6.11. Legal action will not be taken until the debtor has been reminded and / or summoned to pay at least three times in writing by MV Incasso. If no payment has been made within the period stated therein or if a payment arrangement has been concluded, legal measures will be taken in consultation with the client.
6.12 Collection activities and legal measures are always at the expense and risk of the client.
6.13. Collection activities are calculated according to the following rate on the collected amount in which the basis for the calculation of the collected amount is he sum of the principal and interest paid by debtor:
From € 0.01 to € 5,000.00: 15% with a minimum of € 35.00
Above € 5,000.00: 10%
6.14. The interruption and prevention of prescription of claims takes place only if this has been agreed in writing with the client and at the applicable rate. MV - Incasso does not bear any responsibility for the timely interruption and the prevention of prescription, unless further agreements have been made with the client.
7.1. Other activities that do not fall within the framework of normal collection of judicial activities, such as, but not limited to, conducting negotiations, giving advice, assessing (legal) problems, submitting a reply, conducting legal proceedings , role duties, drafting summonses, writing conclusions, preparing and attending a personal appearance of the parties, interviewing witnesses, on-site viewing, travel time, study and implementation of sentences. Parking costs, toll costs and the like are separately based on the hourly rate of € 75.00 xcl. 21% VAT will be charged to the client. An invoice for the work performed will be issued to the client and must be paid within 14 days after shipment.
7.2. All other costs, such as information costs (basic registration with the municipality), means of the summons by the bailiff, court fees, costs of execution of the judgment, attachment of conservatory or executory orders, witness summons, bankruptcy application, are not handled by MV Incasso, therefore separately charged to the client in accordance with the valid rates of the judicial officer.
7.3. Payment must be made without any discount or set-off within the agreed term, but no later than 14 days after the invoice date. Payment can only be made in the manner indicated by MV Incasso.
7.4. Complaints in response to the invoices must be submitted to MV Incasso in writing and properly substantiated fourteen days after the invoice date. The client is not entitled to suspend the fulfillment of his obligation on the basis of a submitted complaint.
7.5. If payment is not made on time, the client is also due without further notice of default:
statutory interest from the due date;
all costs that MV Incasso has to incur to collect its claim, both judicial and extrajudicial, the latter costs amounting to at least 15% of the claim, with a minimum of € 35.00.
8. Rates for the work of third parties
8.1. The client agrees that the activities for which MV Incasso is not entitled to perform, such as the judicial officer activities, are transferred to the judicial officer, which is determined by the MV Collection, the costs of the activities performed by the judicial officer are charged separately. the client and are calculated in accordance with the rate of the relevant judicial officer.
8.2. As soon as a representation of a lawyer is necessary for the handling of the case, the case must be transferred to a lawyer firm with which MV Incasso cooperates. The rates with which the lawyer in question applies will be charged separately to the client.
8.3. After MV Incasso has notified the client that the assignment must be continued in full or in part by means of a bailiff, the client is obliged to cooperate in this for a good cause of the case, if this is not the case, all consequences and risks will be borne by the client. .
8.4. After MV-Incasso has announced to the client that the assignment must be represented by a lawyer, due to the fact that representation of the assignment by a lawyer is necessary, the client is obliged to work additional on this, and engage a suitable lawyer together with MV-Incasso so that the case can be continued, if the client refuses to cooperate, all consequences and risk will be at his expense. The client is absolutely obliged to reimburse MV Incasso for additional costs that must be incurred as a result.
9.1. MV Incasso only has a best efforts obligation for the performance of its services, the services are performed to the best of its knowledge and ability. MV Incasso does not provide any guarantee that a desired result will actually be achieved at a specific time. MV Incasso is then also not liable for a specific collection result.
9.2. The work is carried out at the expense and risk of the client. Client guarantees the legality of the transferred claims / files.
9.3. MV Incasso is not liable for damage resulting from errors, carelessness or negligence on the part of its employees who perform the work, unless there is intent and / or gross negligence .
9.4. In case of force majeure, MV Incasso is not liable for any damage resulting therefrom. Force majeure is understood to mean: any circumstance beyond the control of MV Incasso that temporarily or permanently prevents fulfillment of the agreement.
9.5. In particular, force majeure, war, danger of war, riots, strike, transport difficulties, fire, technical and / or computer failures or other serious failures in the company of MV Incasso or that of its engaged third parties. In the event of force majeure, MV Incasso has the right, at its option, to extend the execution of the order (s) by the duration of the force majeure, or to dissolve the agreement, insofar as it has not yet been executed, without MV Incasso in any form. is therefore obliged to pay any compensation.
9.6. MV Incasso is not liable for the consequences in and out of court of unjustified claims that have been transferred to MV Incasso for collection. Nor is MV Incasso liable for the consequences of investigations and investigations on the basis of which, by anyone, incorrect decisions have been taken. The acceptance and actual processing of claims for collection takes place explicitly with the exclusion of any form of liability for MV Incasso.
9.7. The client indemnifies MV Incasso and indemnifies it against all claims and claims from third parties, which are caused by the processing and collection of claims provided by the client on behalf of the client.
10. Non-attributable shortcoming
10.1. Conditions outside of the powers and the actions of MV - Collection, as well as any foreseeable circumstance not allowing the compliance with the agreement can not reasonably be expected of an MV Direct Debit k, shall be construed as non-attributable shortcomings of MV- Collection.
10.2 Such circumstances include special weather conditions, strike, accident or illness of MV Incasso personnel, restrictive government measures - including measures by foreign government bodies; war and danger of war, work not properly performed by third parties.
10.3. In the event of a non-attributable shortcoming of the MV Incasso, the latter has the choice to either suspend performance for the duration of the obstruction, or to dissolve the agreement in whole or in part, or to have it dissolved by the court, without MV - Incaaso is obliged to pay any compensation.
11.1. Unless explicitly a nders agreed, MV Collection contributes to the client no more frequently than once per month interim t and for client funds received off, net of the costs, interest, disbursements and expense amounts, collection commission and reservation for making costs, insofar as the amount due to the client is a legal procedure.
11.2. MV Incasso reserves the right to postpone interim payments as long as at portfolio level the costs incurred, interest and disbursements in current files and outstanding invoices in closed files are higher than the total balance of the payments.
11.3. Payment of the invoice must be made within fourteen days of the invoice date. This term is regarded as a deadline in the Z in d er Act. In the event of non-payment or incomplete payment, the client is in default by operation of law, without MV Incasso having to issue a notice of default to the client and all outstanding invoices are immediately due and payable. MV Incasso is entitled to set off outstanding invoices against monies that it, for whatever reason, has in its possession for the relevant client, regardless of different creditors in different files.
11.4. In case of late payment and default, the client will owe default interest of 1.5% per month. The interest is then due from the due date of the invoice. All costs of judicial and / or extrajudicial collection are also for the account of the client. The client who acted in the exercise of a profession or business to MV Incasso, will, if the amount due is not promptly paid on the due date, pay compensation for extrajudicial collection costs, a compensation and payment of extrajudicial (collection) costs, which are determined on an amount equal to 15% of the total outstanding principal amount with a minimum of € 300.00 excluding VAT for each partial or fully unpaid invoice, plus an immediately payable penalty of 1% of the amount due per calendar month, whereby each month entered as a full month, with a minimum of € 25.00 per month. Insofar as the client did not act in the exercise of a profession or business, the rates as determined by General Administrative Order (Decree on reimbursement for extrajudicial costs) apply.
11.5. Only payment by transfer to the account of MV Incasso leads to discharge of the client.
12. Duration of the agreement
12.1. The agreement is entered into for an indefinite period. The parties are entitled to terminate the agreement at any time, subject to one month's written notice period, unless expressly agreed otherwise in writing.
12.2. MV Collection is also after termination of the agreement entitled to carry out in these terms and conditions at its pending claims subject to the provisions to the d ay d are full.
12.3. MV Incasso is entitled to terminate any agreement prematurely without notice if the client contravenes one or more provisions of an agreement concluded with MV Incasso and / or fails to comply with the applicable conditions.
13.1. All agreements to which these terms and conditions apply in whole or in part are exclusively governed by Dutch law.
13.2 All disputes arising from the agreement will be settled by the competent court in Rotterdam.