1. The HÖKA Private Limited Company is herewith at the same time authorized and accredited to assert the debt (claims) handed over versus the debtor(s) and to bring it (them) in out of court first, as well as to take all measures in the scope of the system of laws, which seem effective to HÖKA Private Limited Company, especially to conclude payments agreements with the debtor(s) in own discretion and to accept for the customer acknowledgements and further commitments to pay, also from third parties, for taking possession of those debt claims, but also assumptions of debt.
2. The customer declares that the debt (claims) handed over for collection is (are) legal in cause and level, is (are) not contentious and that no counterclaims relating to the debt (claims) exist.
3. The customer binds himself to an immediate notification of the HÖKA Private Limited Company in case of direct agreements with the debtor(s) and the customer before or after handing over the debt (claims) to the HÖKA Private Limited Company or in case of direct payments of the debtor(s) to the customer, otherwise he is liable for the resulting costs. The customer is in general liable to the HÖKA Private Limited Company for costs resulting from a lack of information concerning the handed over debt (claims).
4. The customer notes that this regulation is necessary to ensure a smooth collection procedure through the HÖKA Private Limited Company concerning the debt (claims) handed over and to avoid needless costs in the customer`s interest.
5. The HÖKA Private Limited Company is authorized and accredited to assert versus the debor(s) all costs of the collection of the accounts receivable, which are approved by the Restrictive Practices Court according to the Federal code of practice, and to charge the the debtor directly for them. The customer assigns these collections receivable to the HÖKA Private Limited Company for direct enforcement versus the debtor(s) and suing him (them) for the recovery [of these collections receivable] in its own name.
6. Judicial collection of the debt takes only place after the HÖKA Private Limited Company has consulted the customer. In case of judicial collection of the debt (claims) through a law office identified by the HÖKA Private Limited Company, the customer agrees to pay the (legal) costs.
7. In case of nonpayment of the (legal) costs, which have to be advanced, judicial collection will be stopped as long as these (legal) costs are paid or – as far as necessary – advanced. For the resulting consequences, in the meantime entering statutory limitation of the debt, refuses the HÖKA Private Limited Company or the engaged law office to accept liability.
8. The customer accepts to pay in case of contestation of the debt by the debtor during judicial collection not only the legal costs of the engaged lawyer according to the scale of charges but also the possible (legal) costs of the adversary in case of a complete or partial losing in the process, as far as they are ascertained by court or acknowledged by a consent judgement.
9. The customer particularly agrees that all kinds of data handed over in connection with the placing of order are allowed to be used supported by automation according to the spirit of sect. 22 Data Protection Law.
10. The HÖKA Private Limited Company refuses to accept liability for statutory limitation and for the chance to bring in the debt (claims) handed over.
a. TThe interest is surrendered as contingent fee to the HOEKA GmbH
11. The placing of order to the HÖKA Private Limited Company to bring in the debt (claims) handed over is free of charge, if the HÖKA Private Limited Company ascertains that the debt is irrecoverable, but against providing compensation for the cash outlays.
12. Exeptions exist
a. if a direct payment is made because of the intervention of the HÖKA Private Limited Company, the HÖKA Private Limited Company is entitled to charge the customer for either the accumulated costs or 20% of the debt handed over plus 20% VAT.
b. In case of takeover of already statute-barred debt (claims) or if the debt can be completely or partly brought in because of a court judgement – either by passing on to the company lawyer or by own intervention – a contingent fee of 30% of the debt handed over plus 20% VAT are regarded as agreed with the customer in addition to the chargeable costs in accordance with point 6.
c. In case of cancellation of the order, refusing to grant the power of attorney for judicial collection through the law office identified by the HÖKA Private Limited Company, or in case of placing order to another collection agency or another law office to bring in the debt and finally in case of the conclusion that the debt is not legal, the HÖKA Private Limited Company is entitled to charge the customer for either the accumulated costs or 20% of the debt handed over plus 20% VAT.
13. In case of complete or partial bringing in the debt, the customer assumes liability for the enforcement of the charges of the HÖKA Private Limited Company, as far as these charges are in accordance to the decree for collection agencies (Austrian Federal Law Gazette nr. 141) from 27.03.1996 and are necessary for an appropriate seeking for justice.
14. Take note that all by the HÖKA Private Limited Company obtained documents, cessions, acknowledgements (of debt), payments agreements, assumptions of debt etc. remain in the ownership of the the HÖKA Private Limited Company and that no obligation to surrender possession exists as agreed.
15. The customer binds himself to pay all agreed charges and fees within 14 days from written announcement. In case of default in payment the customer binds himself to pay 9% interest on defaulted payment from each amount outstanding as of due date.
16. Apart from that the Federal code of practice for collection business and the decree published in the Austrian Federal Law Gazette nr. 141 from 27.03.1996 are in force.
17. A-4982 Obernberg am Inn is agreed as venue.
18. The outdoor staff is not entitled or engaged to take on commitments exceeding respectively differing to the content of these general terms and conditions. Verbal subsidiary agreements are incidentally ineffektive and must be rather drawn up in writing, as well as modifications must be drawn up in writing.
19. The customer confirms with his signature on the form of the collection order that the HÖKA Private Limited Company respectively its agent has particularly discussed all these terms of contract with him and that they have been negotiated, as well verbal, as they are put down here in writing.