General Terms Of Business  -  Europäischer Inkasso Service - E.I.S.

These terms are only applicable for customers from outside Germany. Customers from within Germany please read our AGB.

1.  Placing of the order

The order of debt collection / debt recovery is given to E.I.S. informally. The debt claims should not be denied. If the debt claims are denied, this must be indicated to E.I.S. In this case, E.I.S. forwards the order immediately to its lawyers of co-operation in order to collect the debt from the debtor judicially. Before forwarding the issue to our lawyers of co-operation, E.I.S. asks  the customer if legal procedures should be initiated. Annual fees, membership contributions, taxes and payments in advance do not incur.

2.  Extra-judicial procedures within Germany

After accepting the order, we proceed in extra-judicial collection of the debt from the debtor. After successful debt collection, the amount of the invoice is transferred without deductions to the customers' account. Only the interests for delay and the collection charges remain with E.I.S. If the payment should go directly to the customer, the customer is obliged to transfer these sums to E.I.S.
If the debtor should not make a payment, a credit rating is accomplished, before seizure of further cost-releasing measures, if our client wishes so. E.I.S. charges € 9,90 plus VAT ( € 28,50 plus VAT if our Business Check is advised) for this service.

The client accepts our terms of conditions concerning credit ratings and business checks (view German version here), which can be requestet from E.I.S.

If the initial credit rating retrieves incomplete or doubtful information, a complete business check is advised. This information is provided by a renowned German agency. E.I.S. does not take any responsibility for the accuracy of the contents, because the information is not based on our own research. If  negative characteristics are found and for this reason our customer wants to stop further debt collection procedures, no further costs develop except those mentioned above and the actual disbursements.

These costs are charged to the debtor and are granted to the client during the extra-judicial procedures. If the debtor makes a payments these costs are compensated. If the debtor does not make a payment, the handling fee will be further granted to the customer. Only the actual disbursements are to be refunded (e.g. address research and  trade register excerpts). In these cases the client does without the objection of limitation.

If the extra-judicial debt collection is successful, E.I.S. keeps the deducted interests instead of a contingent fee.

For the extra-judicial debt collection outside Germany, E.I.S. charges a handling fee plus VAT. This handling fee varies according to the height of the debt claimed. In general this handling fee is 10% of the amount claimed. The minimum however is € 50,00, the maximum € 250,00. It is payable in advance by our customer.

3.  Judicial procedures

If no payment is made by the debtor, E.I.S. forwards the case on behalf of the customer to lawyers of co-operation in order to initiate the procedure of judicial debt collection. If the debtor contradicts, the judicial debt collection becomes a case of judicial execution. Judicial procedures and the costs for judicial debt recovery vary substantially depending on the country in which they are taken, they incur. For detailed information, please contact our office or read our additional terms of business for countries outside Germany (this site is in German).
In case of non-success we charge a flat rate, for all other countries contact our office or visit our German web pages "Ausland" where the international details are explained.

4.  Duties of the customer

Each direct payment of the debtor to the client must be immediately indicated to E.I.S., naming date and amount of the payment in written form (also by fax or email). Same applies with goods-back taken.  Credits on goods-back taken are not considered as payments and do not lead to the fact, that E.I.S. must refund the debt collection fees to the customer. In the event of goods-taken back without any other payment, E.I.S. and the lawyers of co-operation consider this case a case of unsuccessful  debt collection. If the customer waivers the complete debt claimed or part of the debt claimed (e.g. the principle claim, the interests, the debt collection fee or the costs of prosecution) without the approval of either E.I.S. or the lawyers of contract, this waiver is to be considered as null and void. The deduction of payments is carried out as if the waiver was not given. Thus the interests, fees and costs of prosecution must be paid by the customer.

5. Effectiveness

If individual provisions of these terms are or become ineffective, then this shall not affect the effectiveness of the other provisions.

6. Place of jurisdiction, applicable law

Place of jurisdiction for both parties is Wuppertal, Germany. Contractual relations shall be subject exclusively to German law.

Wuppertal, Oct. 1st, 2006