Termes et conditions
In these General Terms and Conditions the terms below have the following meaning:
IPN: Incasso Partners Nederland, also trading under the name IncassoPartners.
Stichting Beheer Derdengelden IPN: Trust (account) for the administration of third party funds of IPN. Client: any (legal) person who has an agreement with IPN, who has referred a collection order to IPN, as well as the third party who is legally bound by an order given.
Agreement: any written or oral agreement between IPN and client.
Claim: the full amount due in a collection case.
Debt collection case: the digital case with as base the debt-recovery assignment, as created by IPN.
General Terms and Conditions: the General Terms and Conditions of IPN.
Products: all matters that are the subject of an agreement and the related work. Services: all services that are the subject of an agreement and the related work.
1.1 These General Terms and Conditions apply to and form an inseparable part of all offers made by IPN; agreements concluded with IPN and the performance of them. Derogation from or amendment to the General Terms and Conditions can only take place with IPN’s written consent.
1.2 The applicability of client’s general terms and conditions (or of third parties or other contract parties) is herewith explicitly ruled out. Derogating terms and conditions only apply insofar as they have been explicitly accepted in writing by IPN and only apply for the agreements in question.
1.3 Amendments to these General Terms and Conditions shall be reported to the client in writing, by sending a copy of the new General Terms and Conditions. The amendments apply to all agreements.
1.4 Objections to the applicability of amended General Terms and Conditions to agreements in force must be filed in writing within 14 days of the amended General Terms and Conditions being sent. In the event of objection the old General Terms and Conditions remain in force.
1.5 If any passage in these General Terms and Conditions or any part of the agreement is found to be void at any time, or voided, then the remaining parts of the General Terms and Conditions and the agreement remain in force. Parties shall then arrange a regulation for the void and/or voided passage which is as close as possible to the intention which the parties had with the agreement and the General Terms and Conditions.
1.6 If client concludes an overarching agreement with IPN in order to send in collection cases under certain conditions, then these General Terms and Conditions also apply separately to all orders which are sent to IPN.
1.7 The client who has given an order on behalf of or for account of a third party is jointly and severally liable for the observance of the obligations of this third party, even if this third party was duly represented and therefore may also be deemed to be a client.
1.8 The client guarantees that it is authorised and/or has the power to give an order and indemnifies IPN against all claims by third parties with regard to performance of the order and the use by IPN or any third party, irrespective of the relation of this third party to the client, of anything IPN has delivered to the client or any third party at the client’s request.
2.1 All offers, quotes and notifications by IPN in any form are subject to confirmation and lapse after fourteen (14) days, unless otherwise determined in the offers, quotes and notifications. The offers, quotes and notifications form one whole insofar as the price and other terms and conditions are concerned.
2.2 The acceptance of an offer by the client shows that the applicability of the General Terms and Conditions has been accepted. If the applicability of the General Terms and Conditions is not accepted, the client shall report this explicitly in writing on acceptance. Such acceptance applies as a new offer.
2.3 If IPN accepts deviating stipulations from these General Terms and Conditions for an agreement, these deviating stipulations apply only for the agreement concerned. Addition or amendment to already concluded agreements is only possible with IPN’s explicit written consent.
2.4 IPN is authorised to refuse an order, and without providing reasons.
2.5 An agreement is deemed to have been concluded after IPN has confirmed the agreement in writing or in the absence thereof after IPN has commenced the work on which the agreement is actually based.
2.6 Agreements which apply for a certain period shall be automatically extended tacitly each time for the same period. Termination of such agreements must take place by registered letter, observing a period of notice of at least two (2) months before commencement of the new contract period.
3. TIME PERIODS AND CONFIDENTIALITY
whom it was derived. Information applies as confidential if such has been stated by the other Party or if the confidentiality is obvious from the nature of the information.
a. the claim is independent and there are no claims pursuant to an as yet unfulfilled or improperly fulfilled counter performance;
b. there is no case of prescription of the claim;
c. the claim right of the client can explicitly be proven;
d. a clear demand has been made to the debtor for costs and interest;
e. there is no case of bankruptcy or moratorium of payments at the debtor concerned;
f. the claim has not previously been referred to a third party;
g. there is no case of any other situation meaning that client cannot claim the claim submitted.
b. copies of the agreement on which the claim is based;
c. copies of all other relevant documents, including the invoice, the reminders and demands stating costs and other correspondence with the debtor.
a. approaching the debtor in writing and by telephone;
b. charging interest and costs on behalf of the client;
c. receiving monies;
d. agreeing on reasonable repayment arrangements with regard to the circumstances of the case;
e. giving a reasonable payment extension to the debtor depending on the circumstances of the case;
f. the non-judicial procedure is, inter alia, in writing and by telephone, and runs, in principle, over a period of six (6) months, unless otherwise agreed in the agreement and/or if IPN otherwise assessed in the circumstances of the case.
a. hindering IPN’s work;
b. concealing or keeping back information;
c. not providing the data or information requested within seven (7) days;
d. being in contact with the debtor with regard to the file submitted in any way;
e. submitting the file submitted to a third party as well;
f. transferring the claim referred for collection to a third party.
6. COLLECTED AMOUNTS
b. cancelling the collection assignment;
c. accepting return goods;
d. settling payments received before the intervention of IPN;
e. accepting a settlement;
f. compensating claims;
g. accepting a counter performance from a debtor;
h. or other cases in which the client (partially) renounces a claim to the claim referred for collection to IPN. In such cases commission will be calculated on the amount which the due amount is reduced by.