General Conditions
Emroc AG – Switzerland
General Terms and Conditions for International B2B Debt Recovery
1. Here and after emroc ag will be known as the agency, while the instructing entity utilizing the service will be known as the client.
2. This is a binding contract between the agency and the client and the General Terms and Conditions are to be complied with in all stages of collection.
3. Whilst every effort is made by the agency to recover outstanding monies within reason and cost effectively, no guarantee is either expressed or implied that such money will be recovered. The agency shall be indemnified by the client for any actions taken by itself, the debtor or its agents after contracting with the agency to act on its behalf. If such actions prejudice the agency’s ability to collect by interfering with the collection process, the agency reserves the right to charge such commissions that would be due as if the debt had been collected in full.
4. The client must not make any communication with the debtor(s) after the claim(s) is passed on to agency. If the debtor(s) attempt to contact the client, the client must immediately refer the debtor(s) directly to the agency.
5. Once the agency has been instructed, all monies collected are subject to commission at the rate relating thereto, whether the monies come in directly to the client or are paid to the agency, unless the agency has terminated the instruction or advised the client that it cannot recover the debt.
6. Commission will only be taken by the agency as a percentage of the collected amount only and not as a percentage of the total debt submitted. If instalment payments are made, the commission will be charged for each instalment.
7. Once the agency has been authorized to act on the client’s behalf, if the debt is withdrawn by the client for whatever reason prior to the agency recommending or agreeing to termination of action, or where due to lack of requested information from the client, the account has to be returned to the client, this is subject to charge at the stated commission rate.
8. Any additional service(s) requested by the client to any division or associate of the agency is chargeable to the client at the agreed rates.
9. Where goods and services are subsequently returned to the client and/or the balance is written off by way of a credit note, the agency reserves the right to charge that commission which would normally be levied as if this had been a full successful collection.
10. The client must inform the agency of any payment received direct or information regarding the debt immediately so that the agency does not pursue the debtor unnecessarily
11. Agency’s work is conducted on a no collection, no fee basis, (excepting disbursements should these become necessary) and is subject to these General Terms and Conditions. Commission will be payable on money successfully paid/collected after instruction.
12. It is agency’s aim to recover outstanding amounts without recourse to legal action. However, if legal action is necessary, the agency will inform client of probable costs and gain client’s approval prior to proceeding.
13. Commission is payable upon settlement of all money paid/collected, if part payments are received the commission payable is based on the amount paid at that time. Commission will also be payable on the monetary value of goods returned to the client or if a credit note is/was raised for part/all of the debt value. Agency’s fee will be payable if payment is received after the agency is instructed, irrespective of where the payment is received (either paid to the agency or client).
14. These terms and conditions are governed by the laws of Switzerland however, if any genuine dispute arises, the agency will have discretion to refer the matter to mediation before litigation if deemed appropriate. Place of jurisdiction is Switzerland.
Ed. 01.23