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Preamble
§ 1 These General Terms and Conditions apply to the performance of
all Debt Collection contracts with Coface Intercredit Holding AG or its
subsidiaries.
§ 2 Existing contracts, which contain other regulations or regulations
that are not in accordance with these General Terms and Conditions,
shall remain valid. In such case, each provision of these General
Terms and Conditions shall be applied unless another agreement
contains a contradictory provision.
Regulations for the Debt Collection Contract
Article I Form and Extent of Out-of-Court Debt Collection
Services
§ 1 Coface Intercredit Holding AG (hereafter referred as to “Coface
Intercredit”) shall undertake the collection of undisputed debts out of
court through its subsidiaries, and is empowered by the creditor or
any other third party acting on behalf of the creditor (hereafter
referred as to the “Client”) to make use of other debt collection
agencies.
§ 2 Out-of-Court Debt Collection Services (hereafter referred as to
“Debt Collection”) cover the following activities:
(1) demand for payment,
(2) negotiation of payment conditions,
(3) supervision of instalment plans,
(4) investigation of the debtor’s credit standing,
(5) acceptance and handling of payments on behalf of the Client to
the extent this is not prohibited by law in the country in which
the respective subsidiary of Coface Intercredit is located, and
(6) other appropriate measures.
§ 3 Should Coface Intercredit or one of its subsidiaries believe it
would be in the best interest of the Client and/or the creditor – in the
event the Client is not the creditor – to take measures or to settle in a
way different from the terms underlying the debt by
(1) reducing the amount of principal,
(2) allowing a grace period or instalment payments by the debtor,
provided this term exceeds three months after the acceptance of
the relevant debt collection order,
(3) satisfying payment obligations with other goods or
(4) other similar measures,
Coface Intercredit or the acting subsidiary shall obtain prior written
approval from the Client.
§ 4 Debt Collection activities shall be initiated against a particular
debtor after the Client has sent a written order directly to the
respective subsidiary of Coface Intercredit. Orders for Debt Collection
that were placed via www.intercreditonline.com (hereafter referred as
to “ICON”) require no additional signed order. In both cases, prior
acceptance of the General Terms and Conditions for Debt Collection
by the customer is required.
§ 5 The signatory or person who submits a Debt Collection order
hereby declares that he/she is properly authorised by the Client to do
so, and agrees to be liable for any fee or other costs resulting from
placement of this order.
§ 6 Debt Collection activities shall end with the successful collection
of the debt or with the negative closing of the case. “Successful” shall
be defined as total or partial collection of the debt. “Partially collected”
shall mean that no further payments will be made by the debtor.
“Negative closing” shall mean that the debt could not be collected with
the measures listed in Article I § 2 Points 1-6.
§ 7 The Client hereby authorises Coface Intercredit to undertake on
his/her behalf the actions referred to in § 2 and also authorises
Coface Intercredit to entitle its subsidiaries to act on behalf of the
Client. Coface Intercredit or one of its subsidiaries also reserves the
right to authorise other debt collection agencies to act on behalf of the
client.
§ 8 Coface Intercredit reserves the right to cancel or reject a Debt
Collection order at any time without providing a reason and without
penalty or compensation.
§ 9 Coface Intercredit and its subsidiaries shall comply with all
regulations, ordinances, or laws governing Debt Collection in the
countries the services are carried out.
§ 10 On separate request by the Client, the subsidiaries of Coface
Intercredit will provide:
(1) legal advice on further debt collection steps
(2) recommendation for an external or in-house attorney to arrange
debt collection proceedings in-court
Any additional costs related thereto are not covered by the fees listed
in Art II § 2.
Article II Fees for Debt Collection Services
§ 1 The general regulations concerning fees are as follows:
(1) The subsidiary in charge of Debt Collection shall be entitled to
remuneration, which is regulated separately. The Client shall be
informed of such remuneration through
a. an individual offer and/or
b. a price list and/or
c. online via ICON.
If not otherwise agreed, the standard Coface Intercredit conditions
shall apply.
(2) The fees set forth in any of the sources listed in Art II § 1 Point 1
lit a-c are exclusive of VAT.
(3) In the event of partial payment, Coface Intercredit or the
subsidiary in charge of Debt Collection is entitled to submit a
partial invoice.
(4) In case payments are effected by the debtor to the account of
Coface Intercredit or one of its subsidiaries any fee may be
deducted therefrom.
(5) The fee shall be invoiced directly by the subsidiary of Coface
Intercredit, which was responsible for Debt Collection.
(6) Country-specific VAT regulations may lead to differences in the
amount of VAT charged.
(7) The payment conditions granted to the Client may differ for each
subsidiary.
§ 2 Coface Intercredit shall charge the following fees for its services:
(1) In the event of successful Debt Collection, a success fee shall be
paid to the subsidiary in charge. This fee (plus VAT) is payable
without deduction for any set-off or counterclaim as soon as the
Coface Intercredit subsidiary or Client has received payment of
the debt, following the placement of an order by the Client
pursuant to the provisions of Art I § 4. If the debt is not paid in full
in the form of a lump-sum payment, the Client shall pay the
Coface Intercredit subsidiary a proportion of the fee (plus VAT)
equal to the percentage of the debt paid, as soon as any partial
payment is received. Coface Intercredit shall also be entitled to a
success fee if the debt is settled by the delivery of goods,
returned shipments or services, irrespectively of the provision of
Art I § 2 Point 1.
(2) In the event of negative closing of the case, a negative flat fee
must be paid to the subsidiary in charge.
(3) If agreed, a registration fee or handling fee must also be paid.
§ 3 If the Client should ask Coface Intercredit to take further
measures, which can be summarised under additional Debt Collection
services as listed in Article I § 2 Points 1-4 and which are not
connected with services provided under the conditions of in-court
Debt Collection, any additional costs will be charged to the Client. In
this case, the regulations of Article II § 1 will be applied analogously.
§ 4 The Client and – in the event the Client is not the creditor – the
creditor shall have the right including, but not limited to reduction of
the claim amount, offset or deferral of the claim against the debtor. In
this case, and in the event of a successful collection the Client shall
pay a success fee based on the total amount of the claim.
§ 5 If the Client orders collection services for a debt that has been
paid before the date of assignment and Coface Intercredit can submit
evidence thereof to the Client, Coface Intercredit is entitled to a
success fee equal to 50% of the amount due.
Rights and Obligations between the Client and Coface Intercredit
Article III Direct Contact between the Client and the Debtor
§ 1 The Client shall inform the Coface Intercredit subsidiary in charge
of Debt Collection of all contacts with the Debtor, any offers or
payments, and any changes in the information provided to Coface
Intercredit when the order was placed.
§ 2 If the Client does not observe the provisions of § 1 and the
activities of Cof
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