General terms and conditions Breyta
Article 1. General
  • 1.1 Breyta. established in Nijkerk, shall carry out its activities exclusively in accordance with these general terms and conditions. Deviation from these terms and conditions is only possible if agreed in writing between the parties.
  • 1.2 The provisions stated in these general terms and conditions are binding.
  • 1.3 Any amendments and/or additions to the general terms and conditions shall be binding on the client from one month after notification of the amendment or addition to the client.
  • 1.4 Breyta. is registered in the trade register of Chamber of Commerce under number 76263053
Article 2. Definitions
  • 2.1 Client: Legal or natural persons, and their representative(s), authorised representative(s), assignee(s) and heirs with whom Breyta. has entered into an agreement concerning its services.
  • 2.2 Debtor: The natural or legal person with whom the customer has entered into a legally valid transaction with a corresponding payment obligation and to whom Breyta. sends the corresponding invoices and/or reminders and/or demands and/or (amicable) collection notices.
  • 2.3 Claim: the amount to be claimed from the debtor, including costs and interest.
  • 2.4 Amounts collected shall mean:
      • (a) all amounts collected by or on behalf of Breyta;
      • (b) all amounts collected by the principal or otherwise;
      • (c) all returned goods and/or items received, the value of such goods having been determined according to objective standards;
      • (d) any credits, offsets or remissions by the principal.
Article 3. Confidentiality and personal data
  • 3.1 Breyta. shall ensure the confidentiality of the data supplied by it to the customer as well as by the debtor. Breyta. shall not disclose to third parties any information relating to the order without the express consent of its principal except in relation to third parties engaged by Breyta. for debt collection.
Article 4. Acceptance of assignment & liability
  • 4.1. The provisions of the general terms and conditions of collection shall apply between the parties from the date of handover of the order(s) , or from the date on which the client has otherwise expressed his agreement with the content of the general terms and conditions of collection.
  • 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 the actions of the customer give cause to do so. All assignments are - setting aside articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code - exclusively accepted and carried out by Breyta.
  • 4.3 The Client shall indemnify Breyta. against all claims of debtors or third parties which are in any way connected with the work carried out by Breyta. for the Client.
  • 4.4 The Client shall in no way hold or be able to hold Breyta. liable for any damage caused by third parties engaged by Breyta.
Article 5. Collection orders
  • 5.1 Breyta. sets itself the objective to collect claims of the customer on behalf of and for the account of the customer. Collection shall take place by extrajudicial means and, if necessary with the consent of the client, with the help of third parties, by judicial means.
  • 5.2 Breyta. attempts to collect the following amounts:
      • (a) (remainder of) the principal sum.
      • (b) Default or agreed interest.
      • (c) Extrajudicial collection costs.
  • 5.3 Breyta. will use legally permitted means in the execution of assignments with due observance of the standards of care accepted in society.
  • 5.4 Breyta. is entitled to agree a payment schedule in instalments with the debtor. For a settlement of less than the submitted claim and for granting final discharge to debtor, Breyta. shall consult with the client as much as possible.
  • 5.5 Breyta. acquires full power of attorney to perform all acts that Breyta. deems useful and/or necessary to collect the claim. After approval of the customer, Breyta. shall, if necessary and desired, proceed to take legal measures.
  • 5.6 The debt collection assignment will only be terminated if the debtor has died, is demonstrably bankrupt, falls within the WSNP or if other information is known to us from which it can be deduced that the likelihood of successful debt collection is not feasible in the long term and legal proceedings are discouraged by Breyta.
  • 5.7 Breyta. will keep its file relating to a debt collection order for 1 year from the date of the final invoice, after which it will be destroyed. If the client has made original documents available to Breyta., Breyta. will return them, upon request.
Article 6. Client's obligations
  • 6.1 When offering claims to Breyta. the Client shall hand over all necessary documents and also provide all supporting documents as well as any opportunity, including witnesses, which may be of use.
  • 6.2 After entering into the agreement with Breyta. the customer shall not undertake anything further towards its debtor in respect of the claim, i.e. not negotiate or correspond with the debtor, unless Breyta. has expressly agreed to this in writing.
  • 6.3 When the customer receives information, correspondence or other documents relating to the submitted claim after the conclusion of the agreement, it shall immediately put these in the possession of Breyta.
  • 6.4 Payments made by the debtor directly to the customer from the date of entering into the agreement in respect of the assigned claims shall be regarded as collection results of Breyta. Client shall immediately notify Breyta. upon receipt.
  • 6.5 If the customer does not respond within fourteen days to a request for information from Breyta. then Breyta. may consider the assignment as 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 customer is entitled to the repayments received by Breyta. on principal sums less the compensation to which Breyta. is entitled, consisting of extrajudicial collection costs and accrued statutory interest. Payments made by debtors to Breyta. or to the customer shall initially serve to pay extrajudicial collection costs and statutory interest and shall accrue directly to Breyta.
  • 7.2 Breyta. shall charge the debtor the costs in accordance with the Extrajudicial Collection Costs Decree dated 27 March 2012, or in accordance with the contract if the parties agree different price agreements. If the debtor pays (part of) the principal sum but not the extrajudicial collection costs, Breyta. shall be free to collect these costs from the debtor in its personal capacity. Breyta. will never claim more than the legally permitted extrajudicial collection costs and interest from the debtor.
  • 7.3 Out-of-court collection process:
      • a) If the debtor pays the principal sum, interest and extrajudicial collection costs in full, Breyta. will not charge any costs to the client. We do, however, settle the VAT on the (collection) costs with you. You can settle this VAT bill with the tax authorities.
      • b) If the debtor pays part of the claim, to Breyta. or to the customer, Breyta. shall charge compensation of a maximum of the extrajudicial collection costs and statutory interest with a minimum of €45. (Deviation from this is only possible if agreed in writing between the parties).
      • c) If we do not collect anything, we will close the collection order free of charge if the debtor is deceased, demonstrably bankrupt, within the WSNP and/or if other information is known to us from which it can be deduced that the likelihood of successful collection is not feasible in the long term and legal proceedings are discouraged by Breyta.
      • d) If the collection order results in the client taking back goods, the extrajudicial collection costs shall be charged to the client. If, after the order has been granted, the client issues a credit invoice or (partially) waives the claim, the extrajudicial collection costs shall remain payable on the original invoice value and interest.
      • e) If you withdraw a collection order at your own request, make your own arrangements, leave Breyta. without any notice, frustrate the handling of the collection order or collect the claim yourself, Breyta. will charge you the extrajudicial collection costs or third-party costs.
  • 7.4 Foreign direct debit orders
      • a) Foreign collection orders are always charged 15% commission on the principal sum collected in both partial and full payment. In addition, a basic fee of €125 is always charged, regardless of the result achieved.
      • b) Foreign collection orders are understood to mean; Dutch clients with a debtor residing or established abroad and foreign clients with a debtor residing or established in the Netherlands or abroad.
  • 7.5 Judicial proceedings
      • a) Before the client gives its consent to the commencement of legal proceedings, Breyta. shall be entitled to demand that the client pays an amount to be determined by Breyta. as an advance payment 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. shall not be obliged to carry out any further work.
      • b) Both the extrajudicial and any judicial collection activities (drawing up of summons, service of bailiff's writ, court fees, hours for handling the case and recovery information reports) as well as the other activities shall always take place at the expense and risk of the client. To the extent possible, these costs will be recovered from the debtor after receipt of a positive judgement.
Article 8. Payment obligations
  • 8.1 Invoices from Breyta. to the customer must be paid within 14 days of the invoice date.
  • 8.2 If the term of payment of 14 days is exceeded, the customer shall be in default by operation of law and Breyta. shall charge statutory commercial interest from the day after the due date of the invoice. The judicial and extrajudicial costs to be incurred by Breyta. in connection with the collection of the invoice shall be borne by the customer.
  • 8.3 The extrajudicial costs amount to 15% on the outstanding claim including interest, with a minimum of € 75,- excl. VAT, to be increased with an amount of € 10,- excl. VAT per sent reminder/dunning letter sent before the collection process is started.
  • 8.4 In case of liquidation, suspension of payment or (imminent) bankruptcy of the customer, the obligations of the customer shall be immediately due and payable and Breyta. shall be entitled to immediately suspend or terminate its assignment.
  • 8.5 Breyta. is entitled to set off outstanding invoices against monies it holds for the relevant customer, on whatever account.
Article 9. Complaints
  • 9.1 If the customer has complaints relating to the services provided by Breyta. and the amount invoiced by Breyta. in this respect, the customer must notify Breyta. in writing within 14 days after the invoice date. Complaints as referred to above shall not suspend the payment obligation of the client.
  • 9.2 If the client has not made the complaints known within the aforementioned period, the client waives his/her right to invoke the complaints at a later stage.
Article 10. Applicable law
  • 10.1 In case of contradiction, the general terms and conditions of Breyta. shall prevail over those of the customer.
  • 10.2 With regard to these general terms and conditions of collection and with regard to the agreements (resulting from them), the parties submit to Dutch law. The Arnhem District Court shall have exclusive jurisdiction to hear any disputes.
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