1. Definitions

Contractor: In these general terms and conditions, the Contractor includes both Allclaims BV and its implementing partners, including Haagstate Advocaten NV ( general terms and conditions Haagstate Advocaten NV ) and AGIN Timmermans (general term and conditions AGIN ), unless stated otherwise in these conditions. Assignment: The agreement between the Contractor and the Client, whereby the Contractor endeavors to provide certain (collection) services for the benefit of the Client. Client: The natural person or legal person who has entered into an agreement (Contract) with the Contractor and for whom the Contractor makes an effort to carry out the Contract.

2. General

2.1. These general terms and conditions apply to all legal relationships, including offers, quotations and agreements concluded between the Contractor and the Client.
2.2. Agreements deviating from these general terms and conditions are only binding on the Contractor if they have been explicitly confirmed in writing by the Contractor.
2.3. The Contractor can never be obliged to accept collection and / or other activities. Acceptance must always be made in writing and the Contractor is entitled to refuse Assignments without stating reasons.
2.4. The Contractor provides a best effort obligation and can therefore never be held to account and be liable for the lack of a specific (collection) result.
2.5. The Client is obliged to keep all information provided to it by the Contractor in the context of the collection instruction confidential and not to transfer it to third parties or to make it available to third parties.
2.6. A client who has entered into an agreement with the Contractor on the present terms and conditions shall be deemed to have tacitly agreed with the applicability of these terms and conditions, possibly verbally, in writing, by telephone, telegraphically or otherwise, irrespective of whether such an order will be accepted in writing.
2.7. The applicability of any purchasing or other conditions of the Client is explicitly rejected.
2.8. If one or more provisions from these general terms and conditions are void or voidable, the other provisions will remain fully applicable. In that case, the parties will agree on new provisions to replace the void or nullified provisions, taking into account as much as possible the purpose and purport of the original provision.
2.9. The Contractor reserves the right to make changes to the General Terms and Conditions, especially if developed circumstances with regard to the methods, techniques and / or rates used by the Contractor give reason to do so and / or applicable laws and regulations give reason to do so. The Client will be informed of the new texts of the terms and conditions in good time, whereby the starting date of new conditions will also be communicated.

3. Payment obligations

3.1. Payment of the amounts invoiced by the Contractor must be made within 14 days after the invoice date without any deduction or settlement.
3.2. The Contractor may always set off outstanding invoices, or other claims that it is claimable from the Client, against counterclaims of the Client against the Contractor, for whatever reason.
3.3. The Contractor is entitled to request an advance payment to the Client for the work to be performed by it and will only then be obliged to (further) perform after the Client has made this advance payment.

4. Evidence and Data Provision

4.1. The Client undertakes vis-à-vis the Contractor to provide the latter with all necessary data and supporting documents in order to proceed with collection. The Client guarantees the accuracy and completeness of these data and supporting documents.
4.2. The costs for obtaining additional information are charged by the Contractor to the Client at the agreed prices.
4.3. The Client will immediately inform the Contractor of all payments, correspondence or other contacts between the Client and the debtor (s) or relevant third parties.
4.4. The Client will not make any arrangements with the debtor (s) regarding the debt offered for collection earlier than after consultation with the Contractor.

5. Amounts collected

5.1. The Client owes the agreed collection commission to the Contractor about the collected amounts. Sums collected must also be understood to mean all payments to the Client, reductions and / or cancellations by the Client since the date of the collection order including credit notes, reciprocal payments, payments in kind and returned goods.
5.2. The Contractor will, where possible, also include any interest and collection costs on the claim of the debtor (s).
5.3. The amounts collected by the Contractor, possibly after settlement of any overdue invoices and / or provisional invoices, are in principle made payable to the Client once a month unless expressly agreed otherwise in writing.
5.4. For the Contractor, any partial payments to be received will be paid monthly, after deduction of the agreed commission percentage and other costs, unless expressly agreed otherwise in writing. Contractor is also entitled to deduct invoices and commission from partial payments as an advance on the final bill.
5.5. If the Client decides to terminate the Assignment prematurely for whatever reason, the Client will owe the Contractor the fully agreed collection commission, as if the entire claim has been collected, unless the parties have expressly agreed otherwise.

6. Provision for out-of-court procedure

6.1. The Principal owes the Contractor the rates (commission) in accordance with the Standardization Extrajudicial Collection Costs Act, unless expressly agreed otherwise in writing.
6.2. All amounts are exclusive of VAT and costs to be incurred.
6.3. Contractor is entitled to charge commission in cases where items / files are returned.

7. Legal Procedure

7.1. If it proves necessary to initiate legal proceedings for the collection of the debt collection for collection, the Contractor will request permission from the Client for this.
7.2. Only after written permission from the Client and a received advance in this respect will the Contractor start the desired procedure.
7.3. All costs associated with legal proceedings (such as bailiff costs and court fees) are for the account of the Client.

8. Suspension and dissolution

8.1. If the Client is in default with a correct and / or timely fulfillment of one or more of its obligations, the Contractor is entitled to immediately suspend its own obligations and the Contractor reserves the right to claim compensation.
8.2. The Contractor is not liable for the damage that may arise as a result of the suspension of its activities on this ground
8.3. If the Client is in default with a correct and / or timely fulfillment of one or more of his / her obligations, the Contractor is entitled to dissolve the order without being obliged to pay any compensation.
8.4. In the event of dissolution, the Client owes the Contractor a commission on the total of any amounts collected.

9. Bad debts

9.1. The Contractor is free to return an Order in whole or in part due to uncollectability.
9.2. In this case, the client is only responsible for any amount that may have been collected.

10. Complaint period

10.1. The Client is obliged to notify the Contractor in writing about the work carried out by the Contractor and / or the invoice amount within 14 days after the sending date of what he / she wishes to complain about, or immediately after he / she has done what he / she wishes to complain. In the latter case, the Client must demonstrate that he / she can not reasonably have discovered what he / she wishes to complain about earlier.
10.2. The Client is not authorized to suspend his / her payment obligations due to complaints as referred to in Article 10.1.
10.3. If and insofar as the Client rightly complains in the opinion of the Contractor, the Contractor is entitled to either adjust the invoice amount at its own discretion or to correct or re-perform the relevant work on its own account or to refund any commission already paid without further execution to the Assignment.
10.4. If the Client has not filed a complaint within the period set by Article 10.1, all his / her rights and claims for whatever reason shall lapse in respect of what he / she has complained about or could have complained about within that period.

11. Liability

11.1. If the Contractor is liable, then the liability is limited to what has been regulated in this article.
11.2. The Contractor's liability for the Client's damage, which is caused by late, incomplete or improper performance of the Assignment, is limited to the amount that could be charged to the Client in the relevant case for the performance of the Assignment. the work in which the cause of the damage is located. Any compensation payable by the Contractor to the Client shall never be higher than the amount for which the liability of the Contractor is covered, if applicable, by insurance. The foregoing is exception in the case of intent or similar gross negligence on the part of the Contractor. In this and the following provisions of this article, the Contractor also includes its employees as well as any third parties engaged by it in the performance of the Assignment.
11.3. Contractor is never liable for indirect damage, including consequential damage, loss of profit, damage due to business stagnation and the like.
11.4. The Contractor is not liable for damage, which is caused by the Client not having complied with his / her information obligation arising from Article 4 or because the information provided by the Client does not meet the requirements for which he / she is responsible under Article 4.2, unless this damage is also caused deliberate or equivalent gross negligence on the part of the Contractor.
11.5. The Contractor is at all times authorized to limit or undo the damage of the Client as far as possible, to which the Client will render full cooperation.
11.6. The Client indemnifies the Contractor against claims from third parties in respect of damage, which is related to or ensues from the Assignment performed by the Contractor and is obliged to compensate the Contractor for the reasonable costs of defending such claims.

12. Expiration period

12.1. Without prejudice to the provisions of Article 10, the Client is obliged, if he / she is of or remains of the opinion that the Contractor has not performed the assignment in time, not completely or improperly, this - unless this has already been done on the basis of the provisions of Article 10.1 - immediately notify the Contractor in writing and make the claims based thereon within one year of the date of the aforementioned notification, or within one year, after such notification should have been made, to enforce legal proceedings, failing which, her rights and claims in this matter lapse by the expiry of the aforementioned term.

13. Settlement

13.1. The Client is never authorized to set off any and all items, unless the Contractor has expressly granted him / her permission for this.

14. Applicable law and choice of law

14.1. Dutch law applies to all legal relationships, including offers, quotations and agreements concluded between the Contractor and the Client.
14.2. Disputes, including disputes that are considered as such by only one party, are exclusively competent to hear the judge in The Hague, unless rules of mandatory law oppose this.