Terms and Conditions
General Terms and Conditions of Delivery Debt Collection Agency Plaggemars B.V., hereinafter referred to as: Plaggemars Incasso.
– These General Terms and Conditions of Delivery have entered into effect on 01-09-2019
These terms and conditions apply to all offers and (collection) activities of Incassobureau Plaggemars B.V., hereinafter referred to as Plaggemars.
The present conditions also apply to agreements with Plaggemars, for which third parties need to be involved by Plaggemars for its execution.
The applicability of any purchase or other conditions of the client is expressly ruled out.
Deviation of these conditions is only possible if this is agreed upon in writing with Plaggemars.
The offers made by Plaggemars are without any obligation and have a period of validity of 30 days.
Plaggemars reserves the right to change its rates, to the extent obligated or permitted by law, without prior notification to the client. If Plaggemars increases its rates after an agreement is formed, the original rate is used, unless client has agreed to the increase.
Plaggemars is member of the Dutch Association of Debt Collection Agencies and therefore acts in accordance with the requirements of the Debt Collection Quality Mark.
The rates are provided to client in a separate offer, however, these conditions are also a part of this at that time.
3. Duration of the agreement
Unless expressly agreed upon otherwise in writing, client is not obligated to any notice period. Only the working method of Plaggemars and its achieved result determine the duration of the relationship.
If Client hands over a claim for collection, client authorises Plaggemars to perform all necessary amicable debt collection actions on its behalf which have to necessarily be performed at the discretion of Plaggemars. Furthermore, client states to be prepared to immediately submit all relevant documents and/or necessary additional information upon request of Plaggemars.
If collection of a claim in the amicable course appears not to be possible, Plaggemars is entitled to perform all judicial actions after express written authorisation, in particular conducting, or effecting conduct of, legal proceedings.
Plaggemars has the right to have certain work activities, particularly work activities which have to be performed in the context of a judicial procedure, be performed by third parties.
If it is necessary for the handling of a debt collection case to actually perform legal actions, including conducting judicial procedures for the subdistrict court and the court, an advance payment may be asked from the client for the related costs. As long as this advance payment is not received, Plaggemars is entitled to suspend its further work activities indefinitely.
Plaggemars is entitled to charge additional costs (incurred by third parties) to client, to the extent that this is not recoverable from the debtor.
Plaggemars is entitled to terminate its collection activities, if it is not reasonably expected, at its discretion, that payment can be acquired without judicial procedure and/or the debtor challenges the claim on legal grounds. In that case, client will be informed about this.
There is a case of payment by the debtor if the debtor has paid the receivable to Plaggemars or directly to client. For the calculation of commission, a claim is considered as paid if the date of the registration with Plaggemars, which is equal to the date of the confirmation of assignment sent by Plaggemars to the client, is one day before the date of crediting. If necessary, Plaggemars may require proof of payment. Payments by debtors to Plaggemars, are considered to be discharging payments, also in the event of suspension of payment or bankruptcy of contractor.
If client unilaterally withdraws a debt collection assignment without express written agreement of Plaggemars, makes payment arrangements with the debtor outside of Plaggemars, reaches a settlement with the debtor, or stands in the way of further debt collection proceedings, Plaggemars is entitled to charge the commission on the claim submitted to it for collection (in accordance with the most recent list of rates) and all owed costs of third parties and terminate the collection.
Each payment serves first of all to satisfy what Plaggemars is owed.
If client does not perform its obligations of any agreement concluded with Plaggemars, for example by not paying a due and payable invoice, Plaggemars is entitled to suspend its obligations pursuant to any agreement existing between parties.
Plaggemars reserves the right to return assignments, if these are not realistic, at its discretion.
Client and Plaggemars are obligated to confidentiality of all confidential information which they have acquired in the context of an agreement concluded between them from each other, or about each other from another source, and of which they know, or should reasonably know that this is confidential in nature, unless a statutory obligation to disclosure applies. Information provided by the client is not used for another purpose than for it was acquired. Provided personal information of third parties is processed in accordance with the General Data Protection Regulation.
6. Retention obligation
Plaggemars is not obligated to return documents made available in the context of an assignment to client.
Plaggemars provides an obligation of effort and can therefore never be obligated to and liable to a certain result.
The extrajudicial and judicial collection takes place by or on behalf of Plaggemars at the risk and expense of client.
In the event of force majeure Plaggemars is not liable. Force majeure is meant to be understood as: each circumstance independent of the will of Plaggemars which temporarily or permanently prevents the performance of the agreement. For force majeure Plaggemars has – at its discretion – the right to renew the execution of the assignment(s) with the duration of the force majeure or to dissolve the agreement, to the extent not yet executed, without Plaggemars being obligated in any form whatsoever to pay any compensation.
Plaggemars is not liable for damage or loss caused by fraudulent and/or wrongful acts or negligence of its employees or of third parties who perform work activities on its behalf.
Plaggemars is not liable for damage or loss, of any kind whatsoever, arisen because Plaggemars assumed incorrect and/or incomplete information provided by or on behalf of the client.
If Plaggemars is liable for direct damage and loss, this is then limited to no more than two times the claim amount, that is that part of the assignment to which the liability relates. The liability is at all times limited to no more than the amount of the payment to be made by Plaggemars’ insurer.
Payment of the amounts invoiced by Plaggemars to client need to take place without any deduction or settlement within 14 days after the invoice date. When exceeding the payment term, Plaggemars has the right to charge an interest equal to 1% per month starting from the due date of its invoice.
If client does not pay despite warning, then client owes, without further requirement of notice of default, all judicial and extrajudicial costs which Plaggemars is required to incur. The extrajudicial costs amount to 15% of the receivable including interest, with a minimum of € 40 excluding VAT.
Plaggemars is at all times entitled to settle outstanding invoices with money which it is has in possession for client, pursuant to any reason whatsoever.
9. Applicable law and choice of law
The Dutch law applies exclusively to all disputes following from agreements concluded under these Terms and Conditions. Disputes will be exclusively submitted to the competent court in the district in Utrecht.