“Trust is the essence with
all forms of cooperation”
Credit Management
Specialist TKB
OUR TERMS AND CONDITIONS
- Definitions TKB
- Trust Credit Management B.V. in Amsterdam. Client
- Party to the agreement.Assignment
- The agreement between TKB and the Client whereby TKB undertakes to perform certain tasks for the Client.Collaborator.
- Any natural or legal person who will carry out the assignment described in the agreement on behalf of TKB. Payment.
- Payment includes settlement, settlement, return of goods, credit note, partial payment, payment tracking and payment in kind.
- Cross payment means that a payment is traced within 24 hours after handing over the claim to the client’s account.
- Genaral
- TKB’s activities concern credit management and legal advice, debt collection, outsourcing, interim management, secondment and recruitment & selection.
- Within the framework of these terms and conditions, the Client can be regarded as natural and/or legal persons who commission TKB to perform work of a distinctive nature.
- These general terms and conditions apply to all agreements concluded between TKB and the Client. TKB is only bound by stipulations that deviate from these terms and conditions if TKB has confirmed this in writing to the Client.
- If the Client has agreed with its customer or debtor that interest and collection costs are owed if the payment term is exceeded, TKB will generally attempt to claim these interest and collection costs from the debtor.
- If it proves necessary to initiate legal proceedings and/or to engage third parties (including bailiffs and lawyers) in order to collect the claim assigned for collection, TKB will do this after written authorization from the Client.
- Legal measures will not be taken until the debtor has at least once been summoned to pay by TKB in writing, unless special circumstances make it necessary to take legal measures immediately.
- TKB generally collects the monies claimed through its own account. The purpose of this is to enable a rapid and adequate check of the payment agreements and the collection of interest and collection costs to take place as well as possible. If the Client indicates that it wishes to receive the monies claimed directly into its account, TKB will provide its full cooperation.
- TKB is at all times authorized to refuse an assignment, whether or not stating reasons. TKB also reserves the right to prematurely terminate or suspend its activities in the event of an attributable failure on the part of the Client. In the event that TKB is forced to suspend or terminate its work in the interim, this shall be without prejudice to its right to reimbursement of its commission, fees and costs and/or advances paid by TKB on behalf of a Client.
- These terms and conditions apply to all offers, agreements and/or assignments entered into by TKB with third parties.
- If the client uses its own terms and conditions that deviate from these terms and conditions, these only apply insofar as they do not conflict with these terms and conditions. If the conditions of the client do deviate, these will not bind TKB unless they are expressly accepted in writing.
- A client who has entered into an agreement with TKB on the basis of these terms and conditions is deemed to have tacitly agreed to the applicability of these terms and conditions with any subsequent orders given by him orally, in writing, by telephone, telegraphic or otherwise, regardless of whether a such order has been confirmed in writing.
- TKB will carry out the agreed work to the best of its knowledge and ability. In the event of a collection order, it will also try to recover the interest and collection costs from the debtor in addition to the principal, but it cannot give any guarantee for this.
- Complains / Liability
- Complaints about the work performed must be reported to TKB in writing by the client within 8 days after discovery, but no later than 14 days after termination of the work in question; failing which any right of action will lapse.
- All work performed by TKB is done to the best of its ability, but at the risk of the client. TKB therefore expressly excludes its liability for any damage that may have been caused by its work.
- If and insofar as TKB nevertheless has any liability, for whatever reason, this liability is at all times expressly limited to the amount that TKB could charge its client as a commission in the present case for the relevant assignment. The liability for consequential or trading loss, including indirect or direct loss of third parties, is therefore expressly excluded. TKB excludes any liability for any exchange rate differences or currency loss.
- TKB is never obliged to indicate the means by which information has been or will be obtained by TKB.
- Cost
- Commission will be charged to the Client on the collected amounts according to a pre-agreed percentage on the basis of ‘no cure – no pay’. The commission is always calculated on the amount collected. Collected amounts are understood to mean the amounts that are paid by or on behalf of a debtor after an order has been given to TKB, regardless of whether this payment is made to TKB, or directly to the Client or a (whether or not affiliated with this ) third takes place.
- if a (partial) payment of the outstanding claim is received 24 hours after receipt of the order, TKB is entitled to calculate its commission. If it appears within 24 hours that a cross payment has taken place, the order can be withdrawn free of charge, at the discretion of TKB.
- TKB is authorized to charge the agreed percentage to the Client over the full amount of the claim placed on it for collection, if the Client withdraws the collection order. Any payment will absolutely serve to pay the costs incurred by TKB.
- For costs such as legal advice and/or work, the Client owes TKB the last advances made and the fee to be determined by it according to use and fairness. TKB is entitled to send an advance invoice based on the expected costs.
- Payments
- Money collected will in principle be paid to the Client once a month, unless expressly agreed otherwise. TKB reserves the right to continue paying the monies after deduction of fees, costs and VAT and any outstanding amounts.
- Payments by TKB are made in Dutch currency unless expressly agreed otherwise in writing.
- For receipts in foreign currency, TKB uses the exchange rate on the day of receipt for settlement.
- The client must at all times immediately report any payments received by it to TKB.
- If the Client has not made payment within 14 days of the invoice date, the Client is in default without further notice of default and TKB is entitled to increase the amount to be claimed with interest on the basis of 1.5% per month from the due date, without prejudice to a increase of the amount due with collection, court and other collection costs, including the costs of a lawyer, all this at least 15% of the principal sum with a minimum of € 75.00, all excluding VAT.
- Applicable law and competent court
- Dutch law applies to the legal relationship between the Client and TKB.
- All disputes, of whatever nature, which may arise between the Client and TKB, will be submitted for settlement to the competent court in Amsterdam. All this subject to changes to be made by TKB, and insofar as mandatory statutory provisions do not prescribe otherwise.
What we stand for
TKB believes that processes and collaboration can always be improved.
This is why we have room for progress and growth in our approach.
1
Process optimization
Based on our passion to unburden you, we continuously strive for improvement. In this way, together with you and your unique organization, we create the best path for maximum process optimisation.
2
Positive customer experience
Our focus on positive customer experience is not only extremely successful, but also an important value for our organization. Do you recognize yourself in this?
3
Maximize working capital
TKB believes that processes and collaborations can always be improved. This is why we have room for progress and growth in our approach.
4
Increasing quality
We fulfill our quality needs for you every day. Quality is our right to exist and as a value it is fully woven into our way of working.