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Bosveld Debt Collection and Bailiffs PO Box 806 3800 AV Amersfoort. Tel: (033) 47 00 000
Terms and Conditions
A. Definitions and Provisions
1. Definitions
In these general terms and conditions the following definitions shall apply: a. b. c. Contractor: the private limited liability company Bosveld Gerechtsdeurwaarders & Incasso’s B.V. (and its affiliated companies) and/or Snijder Incasso en Gerechtsdeurwaarders B.V;
Client: the legal or natural person who has entered into a written or oral agreement with Octrooibureau Novopatent. If an order is issued by an intermediary, the claimant must authorize the intermediary to do so and must also explicitly notify Octrooibureau Novopatent thereof. In the absence of such notification to the Contractor, the intermediary shall be regarded as the Contractor’s client.
Debtor: the legal or natural person against whom the action requested by the principal is directed.
2. Scope
These conditions apply to all agreements and offers to provide services and/or (legal) advice in the field of:
- debt collection (non-official work);
- Conducting accounts receivable management;
- Conducting credit management;
- The performance of official acts (official work);
- Supervising auctions;
- Providing credit reports.
All this in the broadest sense of the word.
3. Deviating clauses
Clauses that deviate from these terms and conditions or the applicable Contractor’s Tariff Regulations shall be effective if and to the extent Contractor has expressly confirmed them to the Client in writing.
4. No duty to accept assignment
Contractor has the right to refuse orders without giving reasons. Contractor can never be obliged to accept work, subject to its
B. Collection
6. Assignment
If the Client instructs the Contractor to collect a debt, the Client thereby authorizes the Contractor to perform all necessary official and non-official acts which, in the opinion of the Contractor, are necessary and/or most appropriate on the instruction of, in the name of and at the expense and risk of the Client. This authorization includes/is not limited to: a) b) d) e) f) contacting debtor both in writing and by telephone; charging debtor for costs and interest;
(c) receiving funds;
making a reasonable payment arrangement, given the circumstances of the case; initiating (or having initiated) proceedings before a judicial authority; filing for bankruptcy.
7. Advance
7.1 Without prejudice to the provisions of article 11 sub b of the Bailiffs Act in conjunction with article 12 paragraph 1 of the Bailiffs Fees Decree, the Contractor shall be obliged to receive an advance payment for out-of-pocket expenses and court registry fees to be incurred by it. This advance shall be settled with the Client upon completion of the assignment.
7.2 The contractor is entitled to request an advance for work to be performed by it. This advance shall be settled with the Principal upon completion of the assignment. The Contractor refers for the amount of the advance payment to the Rates Regulations.
8. Payment
8.1 Payment shall be deemed to have been made when the debtor has paid the claim to the Contractor, to the Client, to the intermediary or to third parties on behalf of the Client. A consideration undertaken by the debtor towards the client and accepted by the client or an offsetting of claims shall be equated with payment.
8.2. Each payment shall first be applied to settle costs incurred by or on behalf of the Contractor, then to settle interest due and then to settle the principal sum.
9. Withdrawal/obstruction
The Contractor shall be entitled to charge collection fees and/or settlement costs on the claim placed for collection as if the claim had been collected in full if the
client:
- withdraws an order; makes payment arrangements or settlements with debtor outside the Contractor’s control;
- from further treatment;
- or Contractor after reminder leaves 14 days without notice and/or information and/or instruction.
If the Contractor has performed more labor on the matter than it would be reimbursed by collection or settlement costs in this case, the Contractor is entitled to charge for these hours at the rates charged by the Contractor.
10. Client obligations
10.1 The Client shall promptly notify the Contractor if it receives payment, sends a credit memo or returns goods in a pending collection case, or any other circumstance that causes a change in the amount to be collected.
10.2 The Client is obliged to keep all information provided by the Contractor to the Client in the context of the assignment confidential and not to transfer or make it available to third parties.
10.2 If the Client wishes to transfer a number of claims for collection, the Client shall, at the Contractor’s request, make every effort to deliver this number in a manner suitable for computer processing and in accordance with further guidelines provided by the Contractor.
10.3 The Client shall turn over to the Contractor all records necessary for collection.
10.4 After issuing the collection order to the Contractor, the Client shall no longer engage in collection activities with respect to the transferred debt, or contact the debtor, unless the Contractor agrees.
10.5 If and to the extent that the Client still receives documents from or on behalf of the Debtor after issuing the order to the Contractor, it shall promptly provide or send them to the Contractor.
11. Rates
11.1 The rates used by the Contractor are set out in the Regulations on Rates, which regulations form part of these General Terms and Conditions in their most recent edition.
11.2 All rates quoted by Contractor are, unless otherwise expressly stated in writing, exclusive of sales tax.
11.3 The Contractor shall pass on to its principals the fee charged to it by the Royal Association of Bailiffs (KBvG) for supervision and disciplinary law. This takes the form of a surcharge per served writ. This amount is in addition to the costs as stipulated in the Decree on the Fees for Professional Acts of Court Bailiffs (Btag). These additional costs cannot be recovered from the debtor and are subject to the same indexation as the Btag rates.
11.4 Contractor is entitled to change its non-official rates at any time. In that case, the Client shall be entitled either to terminate the agreement in writing (prematurely) or to continue the agreement on the basis of the new rate. If the client wishes to terminate the agreement as a result of the new rate, the Contractor must be notified in writing within 14 days of the announcement of the change.
11.5 The client shall not be entitled to terminate the agreement (prematurely) if the change in the rate is a result of a government measure.
12. Settlement
12.1 The Client shall be entitled to the payment received by Contractor in respect of the assigned claim on principal sums, less disbursements and fees due to Contractor; Payments made by debtors to Contractor or to the Client shall first serve to cover costs and/or disbursements incurred by or on behalf of Contractor and as such shall accrue directly to Contractor.
12.2 Subject to specific (different) agreements between the Contractor and the Client, the Contractor shall pay the funds received by it to the Client on a monthly interim basis at the portfolio level and with a deduction of what is due to the Contractor in accordance with the foregoing, with a minimum of the costs incurred by the Contractor.
12.3 Payment to the client shall be made within the statutory time limits.
13. Liability
13.1 The Contractor has a best-efforts obligation with regard to the success of the assignment and can therefore never be held to and be liable for a particular (collection) result or a particular outcome in legal proceedings.
13.2 Extrajudicial and judicial collection shall take place at the client’s expense and risk.
13.3 The Contractor accepts no liability for loss of currency.
13.4 In case of force majeure, the Contractor is not liable for any resulting damage. Force majeure means: any circumstance independent of the Contractor’s will, which temporarily or permanently prevents performance of the Agreement. Contractor also has the right to invoke force majeure if the circumstance preventing further performance occurs after Contractor should have fulfilled its obligation.
13.5 In particular, force majeure includes pandemics, war, danger of war, riots, strikes, transport difficulties, fire, technical and/or computer failures or other serious malfunctions at the Contractor or at third parties engaged by the Contractor. In the event of force majeure, the Contractor shall be entitled – at its discretion – to extend the performance of the order(s) by the duration of the force majeure or to dissolve the contract, insofar as it has not yet been performed, without the Contractor being liable to pay any compensation in any form whatsoever.
13.6 Without prejudice to the provisions of this article, Contractor or the bailiff(s) affiliated with it shall never be liable in respect of official and non-official activities for an amount exceeding the invoice for the relevant activities performed, or for an amount exceeding the sum insured under the professional liability insurance.13.7 Contractor shall perform its duties as a good contractor to the best of its knowledge and ability and cannot be held liable for the extrajudicial and judicial consequences of unjustified claims that have been assigned to Contractor for collection. Nor can Contractor be held liable for the consequences of research and investigation, on the basis of which, by whomever, erroneous decisions were made. The acceptance and actual processing of claims for collection is done expressly to the exclusion of any liability for the Contractor.
13.8 The Client shall be obliged to indemnify and hold harmless the Contractor in respect of all claims and demands of third parties, which have their origin in the processing and collection of claims offered by the Client on behalf of the Client.
13.9 The Contractor is not liable for any damage resulting from actions taken by the Contractor at the Client’s request. Damage is understood to mean damage to the Client, debtor and/or third parties.
13.10 If a Client engages Contractor for the handling of an international debt collection case, the Client authorizes Contractor on behalf of Client to handle this claim with a third party, foreign debt collection intermediary. In that case, the Contractor represents the Client. In that case the
case directly between Principal and the third party. The Contractor is not liable for, inter alia, negligence, omission or default of these third parties. In such a case, Principal shall address the third party directly since Principal has engaged Contractor as its representative.
13.11. The credit information provided by Contractor is strictly confidential and intended solely for Client’s own use and for internal purposes only. The credit information may never be disclosed to the persons or companies to which it relates, nor transferred or disclosed in any way to third parties, nor serve as evidence in any investigation. Client guarantees that its employees in the broadest sense of the word will also comply with this provision. Contractor is in no way liable for the content of the credit information, as well as any issued
credit limits.
14. Right of Suspension
The Contractor is authorized to suspend the performance of all its obligations, including the surrender of documents or other items to the Client or third parties, until all due and payable claims against the Client have been paid in full by the Client.
The Contractor shall not be liable for any delayed completion of work caused by the suspension and any damage that may be caused as a result.
15. Payment
15.1 Payment term
Payment of the amounts invoiced by Contractor shall be made without any deduction or set-off within 14 days of the invoice date.15.2. Consequences of exceeding
a) If the payment term is exceeded, the Contractor shall be entitled to charge interest equal to the legal interest rate from the due date until the day of full payment.
b) If the Client remains in default of payment despite summonses, forcing the Contractor to hand over its claim to third parties to enforce its rights, the Client will owe the Contractor extrajudicial collection costs in the amount of 15% of the (remaining) invoice amount, with a minimum of €40.00.
(c) Client shall be obliged to pay to Contractor the costs charged by the third party or parties, including the rate of the agent engaged.
d) Client may only object to an invoice in writing and with reasons. The objection must be made within 14 days of the date of the invoice and does not relieve Client of its obligation to pay the invoice in a timely and complete manner.
15.3
If no objection is received within the aforementioned 14-day period, the Client shall be deemed to be in agreement with the invoice sent by the Contractor and no further recourse can be made by the Client, in and out of court, to the complaint or inaccuracy of the invoice.
15.4 Payment processing
a. Every payment made by the Client, regardless of instructions to the contrary from the Client, shall first serve to pay the extrajudicial collection costs and/or judicial, legal and execution costs owed by the Client to the Contractor and shall then serve to pay the interest owed by the Client to the Contractor and, finally, shall serve to pay the oldest outstanding claim.
b. Contractor shall be entitled to set off outstanding invoices against monies it holds, on any account, for the client in question.
16. Duration of the agreement
16.1 The provisions of the general terms and conditions shall apply from the date of signature of the agreement concluded between the parties, or from the date on which “the client” has tacitly or otherwise indicated its agreement to the applicability to the agreement in question of the general terms and conditions.
16.2 The agreement is entered into for an indefinite period of time. The parties shall be entitled to terminate the agreement subject to 1 month’s notice in writing, unless expressly agreed otherwise in writing.
16.3 Even after termination of the agreement, the Contractor shall be entitled to execute the claims pending before it in accordance with the provisions of these General Terms and Conditions up to and including the day of payment in full.
16.4 Contractor is entitled to terminate any agreement prematurely without notice if Client acts in violation of one or more provisions of an agreement entered into with Contractor and/or fails to comply with the applicable conditions.17. Divergent agreements Contractor is entitled, in addition to and in addition to what has been agreed in these general conditions and the Tariff Regulations forming part thereof, to conclude agreements to the contrary.
18. Complaints
Complaints about the work performed by the Contractor must be made known to the Contractor in writing and with reasons within 14 days of the incident. The submission of a complaint does not relieve the Client of its obligation to pay an invoice in a timely and complete manner.
19. Final Provisions
19.1 Settlement
After complete completion of the assigned work, Octrooibureau Novopatent shall transfer to the Client the documents made available to it by or on behalf of the Client. Octrooibureau Novopatent shall be entitled to suspend its obligation to surrender all documents in its possession until the Client has fulfilled all its obligations towards Octrooibureau Novopatent. This applies in particular to the Client’s obligation to pay outstanding invoices.
19.2 Applicable law
All disputes between Contractor and Client shall be governed by Dutch law.
19.3 Competent court
Disputes between the Contractor and the Client shall be submitted to the competent
Dutch court in Utrecht.
19.4 Filing
These general terms and conditions are filed with the Chamber of Commerce in Woerden.
