Breyta terms and conditions

Article 1. General

• 1.1 Breyta., established in Nijkerk, carries out its activities exclusively in accordance with these terms and conditions. Deviation from these conditions is only possible if this has been agreed in writing between the parties.
• 1.2 The provisions set out in these terms and conditions are binding.
• 1.3 Any changes and/or additions to the terms and conditions are binding on the client one month after notification of the change or addition to the client.
• 1.4 Breyta. is registered in the trade register of the Chamber of Commerce (KvK) under number 76263053

Article 2. Definitions

• 2.1 Client: Legal entities or natural persons, and their representative(s), authorised agent(s), legal successor(s) and heirs with whom Breyta. has concluded an agreement concerning its services.
• 2.2 Debtor: The natural person or legal entity with whom the client has entered into a legally valid transaction with an associated payment obligation and to whom Breyta. sends the associated invoices and/or reminders and/or demand letters and/or (amicable) collection notices.
• 2.3 Claim: the amount to be collected from the debtor, including the costs and interest.
• 2.4 Collected amounts are understood to mean:
  • • a) all amounts collected by or on behalf of Breyta.;
    • b) all amounts collected by the client or otherwise;
    • c) all returned goods and/or items, where the value of these goods has been determined by objective standards;
    • d) all credits, settlements or waivers by the client.

Article 3. Confidentiality and personal data

• 3.1 Breyta. ensures confidentiality of the data provided to it by the client as well as by the debtor. Breyta. will not provide any information regarding the assignment to third parties without the express consent of its client, except towards third parties engaged by Breyta. for collection.

Article 4. Acceptance of the assignment & liability

• 4.1. The provisions of the general collection conditions apply between the parties from the date of handover of the assignment(s), or from the date on which the client has otherwise indicated agreement with the content of the general collection conditions.
• 4.2 Breyta. is never obliged to accept an assignment and reserves the right to terminate an accepted assignment if the nature of the assignment or actions of the client give cause to do so. All assignments are accepted and carried out exclusively by Breyta., setting aside articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code (BW).
• 4.3 The client indemnifies Breyta. against all claims of debtors or third parties that are in any way connected with the activities carried out by Breyta. for the client.
• 4.4 The client will not in any way hold or be able to hold Breyta. liable for any damage caused by the third parties engaged by Breyta.

Article 5. Collection assignments

• 5.1 Breyta. aims to collect claims of the client on the instructions and for the account of the client. Collection takes place by extrajudicial means and, if necessary and with the client's consent, by judicial means with the help of third parties.
• 5.2 Breyta. attempts to collect the following amounts:
  • • a) (the remainder of) the principal sum.
    • b) Default interest or agreed interest.
    • c) Extrajudicial collection costs.
• 5.3 In carrying out assignments, Breyta. will use legally permitted means with due regard for the standards of care accepted in society.
• 5.4 Breyta. is entitled to agree a payment arrangement in instalments with the debtor. For a settlement of less than the submitted claim and for granting final discharge to the debtor, Breyta. will consult with the client as much as possible.
• 5.5 Breyta. obtains full authority to carry out all actions which Breyta. deems useful or necessary to be able to collect the claim. After approval by the client, Breyta. will, if necessary and desired, proceed to take legal measures.
• 5.6 The collection assignment is only terminated if the debtor has died, is demonstrably bankrupt, falls within the WSNP (Dutch Natural Persons Debt Restructuring Act), or if other information is known to us from which it can be inferred that the chance of successful collection is not feasible in the long term and a court procedure is advised against by Breyta.
• 5.7 Breyta. will keep its file relating to a collection assignment for 1 year from the date of the final invoice, after which it is destroyed. If the client has made original documents available to Breyta., Breyta. will return these on request.

Article 6. Obligations of the client

• 6.1 When submitting claims to Breyta., the client will hand over all necessary documents and also provide all evidence as well as every opportunity, including witnesses, which may be useful.
• 6.2 After entering into the agreement with Breyta., the client will take no further action towards their debtor regarding the claim, and will therefore not negotiate or correspond with the debtor, unless Breyta. has expressly agreed to this in writing.
• 6.3 If, after entering into the agreement, the client nevertheless receives information, correspondence or other documents relating to the submitted claim, they shall immediately provide these to Breyta.
• 6.4 Payments by the debtor directly to the client from the date of entering into the agreement with regard to the transferred claims are considered to be a collection result of Breyta. The client must immediately notify Breyta. of this upon receipt.
• 6.5 If the client does not respond within fourteen days to a request for information from Breyta., Breyta. may consider the assignment withdrawn. Breyta. will terminate the assignment and charge the extrajudicial collection costs or third-party costs to the client.

Article 7. Rates

• 7.1 The client is entitled to the repayments on principal sums received by Breyta. less the fees due to Breyta., consisting of extrajudicial collection costs and accrued statutory interest. Payments by debtors made to Breyta. or to the client are first applied to the payment of extrajudicial collection costs and statutory interest and accrue directly to Breyta.
• 7.2 Breyta. charges the costs to the debtor in accordance with the Decree on Extrajudicial Collection Costs of 27 March 2012, or in accordance with the contract if the parties agree on differing price arrangements. If the debtor does pay (part of) the principal sum but not the extrajudicial collection costs, Breyta. is free to collect these costs from the debtor in its own name. Breyta. will never claim more than the legally permitted extrajudicial collection costs and interest from the debtor.
• 7.3 Extrajudicial collection process:
  • • a) If the debtor pays the principal sum, interest and extrajudicial collection costs in full, Breyta. does not charge any costs to the client. We do settle the VAT on the (collection) costs with you. You can reclaim this VAT invoice from the tax authorities.
    • b) If the debtor pays part of the claim, to Breyta. or to the client, Breyta. will charge a fee of up to the extrajudicial collection costs and statutory interest, with a minimum of € 45. (Deviation from this is only possible if this has been agreed in writing between the parties.)
    • c) If we collect nothing, we close the collection assignment free of charge if the debtor has died, is demonstrably bankrupt, falls within the WSNP and/or if other information is known to us from which it can be inferred that the chance of successful collection is not feasible in the long term and a court procedure is advised against by Breyta.
    • d) If the collection assignment leads to the client taking back goods, the extrajudicial collection costs are passed on to the client. If the client, after the assignment has been granted, issues a credit invoice or (partially) waives the claim, the extrajudicial collection costs remain due on the original invoice value and interest.
    • e) If you withdraw a collection assignment at your own request, make an arrangement yourself, leave Breyta. without any notice, frustrate the handling of the collection assignment or collect the claim yourself, Breyta. will charge the extrajudicial collection costs or third-party costs to you.
• 7.4 Foreign collection assignments
  • • a) Foreign collection assignments are always charged 15% commission on the collected principal sum, for both partial and full payment. In addition, a basic fee of € 125 is always charged, regardless of the result achieved.
    • b) Foreign collection assignments are understood to mean: Dutch clients with a debtor resident or established abroad, and foreign clients with a debtor resident or established in the Netherlands or abroad.
• 7.5 Court procedures
  • • a) Before the client gives consent to start a court procedure, Breyta. is entitled to demand that the client pays an amount to be determined by Breyta. as an advance to cover the costs to be incurred in the judicial phase and the enforcement phase. As long as the advance payment has not been received, Breyta. is not obliged to carry out further activities.
    • b) Both the extrajudicial and any judicial collection activities (drawing up the writ of summons, service by the bailiff, court registry fees, hours for handling the case and recovery information reports) as well as the other activities are always for the account and risk of the client. These costs will, as far as possible, be recovered from the debtor after receipt of a favourable judgment.

Article 8. Payment obligations

• 8.1 Invoices from Breyta. to the client must be paid within 14 days of the invoice date.
• 8.2 If the payment term of 14 days is exceeded, the client is in default by operation of law and Breyta. charges the statutory commercial interest commencing from the day after the due date of the invoice. The costs to be incurred by Breyta. in and out of court connected with the collection are for the account of the client.
• 8.3 The extrajudicial costs amount to 15% of the outstanding claim including interest, with a minimum of € 75 excl. VAT, all to be increased by an amount of € 10 excl. VAT per reminder/demand letter sent before the collection process is started.
• 8.4 In the event of liquidation, suspension of payment or (impending) bankruptcy of the client, the obligations of the client are immediately due and payable and Breyta. is entitled to immediately suspend or terminate its assignment.
• 8.5 Breyta. is entitled to set off outstanding invoices against funds which it holds for the relevant client on whatever grounds.

Article 9. Complaints

• 9.1 If the client has complaints regarding the services provided by Breyta. and the amount invoiced by Breyta. in that respect, the client must make this known to Breyta. in writing within 14 days of the invoice date. Complaints as referred to above do not suspend the client's payment obligation.
• 9.2 If the client has not made the complaints known within the stated period, the client waives their right to rely on the complaints at a later stage.

Article 10. Applicable law

• 10.1 In the event of conflict, the terms and conditions of Breyta. prevail over those of the client.
• 10.2 With regard to these general collection conditions and with regard to the agreements (which are a result thereof), the parties submit to Dutch law. The court in Arnhem has exclusive jurisdiction to hear any disputes.

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