General Terms and Conditions
General Terms and Conditions of ETI experts GmbH – in the following named “ETI”
These General Terms and Conditions apply to our collection services to companies. Claims of creditors who are consumers, cannot be accepted. In case the client should refer to the inclusion of his own terms and conditions, we herewith object to them. Individual contractual agreements precede any General Terms and Conditions.
- Subject of the agreement
After an order has been confirmed, ETI undertakes the task of the collection of due payment claims and provides related additional services to the extent required.
- Conclusion of the agreement
The performance specifications from the ETI websites do not constitute any tender for the conclusion of a services contract. Such a tender can only be placed by informing the client online via the contact form or via a written transfer of claims. Our written confirmation of the order’s receipt does not constitute our acceptance of this offer. The services contract is effective only after the confirmation of the transfer of claims or after being informed about the start of the debt collection procedure. The client is no more bound by his offer (the offer expires) if we have not sent our declaration of acceptance to the client within 5 calendar days (starting from our receipt of the order).
- Information on electronic commerce
Technical steps towards the conclusion of the agreement
See the explanations in cif. 2 of our General Terms and Conditions.
(2) Saving and printout of the text of the agreement
The client can save the text of the agreement by using the “Save as” function of his browser to save the respective website on his computer. By using the printout function of his browser he can also print out the text of the agreement. We (ETI) save the text of the agreement and are willing to send this text by email or mail on the client’s request.
(3) Correction options
By using the button “back” in his browser and then performing the respective amendments, the client can correct his entries any time during the process of placing his order. The client can any time stop the entire order procedure by closing his web browser. Furthermore, the order summary offers an additional correction option before sending the order. The client is explicitly informed about this option.
German is the only language for the conclusion of the agreement.
(5) Code of conduct
We are not committed to any particular code of conduct (rules).
- Regulations for the performance of the debt collection
- For the timely realisation of the transferred claims, ETI commits itself to undertake all measures that are legally possible and economically reasonable . The client’s requests regarding the strategy against particular debtors will be considered as far as possible and appropriate.
- The client agrees to the following:
- ETI decides about the respectively reasonable collection measures for each case at their due discretion.
- During the entire period of processing the order, the client is obliged to immediately inform ETI about any changes of the debtor’s financial situation, of the debtor’s means of payment or of the subjective assessment of the debtor. Furthermore, the client is obliged to timely submit to ETI all potentially needed documents and to cooperate with ETI in whatever way may be needed.
- After placing the order, without prior consultation with ETI, the client is not entitled to take any action by his own in order to collect the receivables.
- The client is obliged to immediately inform ETI in case his claims are directly settled or reduced by payment or in case they are reduced or balanced in any other way.
- Without prior consent by the client, ETI is entitled to arrange economically and legally appropriate instalment payments regarding the transferred claims.
- Offsetting of incoming payments
As far as legally possible and unless otherwise contractually agreed, payments of debts transferred for collection will be offset, irrespective of who has received them, as 1. principal claim, 2. accessory claims, 3. collection costs, 4. interests.
- Remuneration, expenses and reimbursement
- ETI is entitled to receive remuneration from the client (creditor), which is based on the collection services contract. Unless otherwise agreed, the amount of this remuneration is equivalent to a lawyer’s fee for the respective task.
- If they have been arranged case by case, commissions are included in a supplementary contract. No commissions are due without such a supplementary contract.
- A different reimbursement of expenses can be arranged by ways of an individual written agreement.
- If, contrary to duty, a debtor fails to pay, the client is generally entitled to claim, that the debtor indemnifies the client from the due collection service remuneration (including necessary expenses) that ETI is entitled to receive from the client due to the collection services contract. With the conclusion of the collection services contract, the client transfers his right to exemption against the debtor (indemnification of the creditor by reimbursement of the expenses from the debtor to ETI) in lieu of fulfilment to ETI. Hereby, ETI accepts this transfer and attempts to collect the claims including the incurred costs from the debtor. In case of failure, ETI will not claim any remuneration for collection services (including expenses) from his client, without payment from the debtor. Hence, no costs will incur for the client from ETI’s services without payment from the debtor.
- ETI will assert the amount of their reimbursement claim against the debtor according to § 4 (5) ‘Einführungsgesetz zum RDG’ (Introductory Act to the (German) Act on Out-of-court Legal Services; EGRDG):
“The collection expenses by persons performing collection services (registered persons according to Section 10 (1) 1 Act on Out-of-Court Legal Services) for out-of-court collection services regarding a not legally enforceable claim, are only refundable up to the amount a lawyer is entitled to receive according to the provisions of the Layers’ Compensation Act.”
- Payment terms and client information
- ETI will settle incoming payments to their respective entry date.
- For each client ETI holds a client’s current account, where all financial assets and liabilities are entered into.
On a monthly basis this account is balanced, retracted borrowings are disbursed and/or ETI’s claims are invoiced against the client, provided nothing else is contractually agreed.
- ETI will not monitor limitations regarding the collection of transferred claims. In this respect it is agreed that this is not part of the collection services contract, so the client has to monitor the statutes of limitation by his own.
- All claims against ETI regarding the settlement of a transferred receivable lapse within one year after the date the final settlement has been sent to the client’s last known address.
- ETI is only liable in case of intent and gross negligence. This also applies to culpable breaches of ETI’s legal representatives or vicarious agents. The limitation of liability does not apply to damages resulting from harm to life, body or health, to the culpable breach of precontractual information and clarification duties or to the breach of substantial contractual obligations by ETI or by their legal representatives or vicarious agents. A contractual obligation is substantial if its fulfilment is necessary for the proper execution of the contract and if the contract partner is entitled to trust in its observation.
- In case an exclusion of liability according to para 1 (above) is not possible, ETI is only liable for losses that are typical and foreseeable in relation to these contracts.
The privacy statement for the execution of the data protection legislation can be found on our website www.eti-experts.de/en/data-protection/.
- Retention periods
In case of successfully completed orders and one month after dispatch of the final settlement to the client’s last known address, ETI is entitled to destroy all documents received from the client, except the debt certificate (if available).
In case of failure, this term is six month from the date when ETI realises the failure. Documents are not destroyed before this has been notified to the client and if the client has either failed to respond or has agreed to the destruction. Documents are only destroyed as long as there are no statutory storage obligations.
- Long-term monitoring
If the client has asked for the transfer of an unsuccessful handling of his claim to a law firm that ETI has suggested to him for legal assertion, the client agrees to the following procedure – unless this has been revoked in written form or a different procedure has been agreed upon. In case the receivable is declared legally enforceable but its execution has been in vain or has not been followed up by the client or if the client has stopped to order further execution measures, the law firm is entitled to surrender the reference file and the enforcement instruments to ETI, so that the claim can be included in the long-term monitoring. Then ETI will contact the client to inform him about the conditions of the long-term monitored claims management. In case the client explicitly resigns from further measures for the achievement, ETI will hand the execution documents back to him.
- Final clauses
- New General Terms and Conditions will be contract content as soon as the client has been informed about them and unless the client objects within one month from the time of receiving this information.
- If the contract partners are business people, legal entities governed by public law or special funds under public law, the place of performance and jurisdiction for all mutual claims of the contract partners is Köln (Cologne). Köln is also the place of performance and jurisdiction, if the client has no general place of jurisdiction in Germany.
- In case one of the aforementioned provisions shall be or become ineffective the remaining provisions of these General Terms and Conditions shall remain unaffected.
(Date: Oct 26, 2019)