Delay of Payment and Dunning


Maturity

Our invoices are immediately due for payment. As a matter of principle, we don't grant any terms of payment.

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Default Interest

From the 30th day after the due date (date of invoice) Budoten will claim default interest of 5 % higher than the base interest rate published by the German Bundesbank. If Budoten can prove a higher damage on delay, Budoten shall be entitled to charge it. A previous reminder is not necessary. (§ 286 sec. 2 no. 1 BGB) Costs of all reminders will be charged.

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Order of Redemption at Payment

Payments upon reminders will be credited first the costs, then the interest and then the actual claim. (§ 367 sec. 1 German Civil Code).

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Default Action, Collection

If the customer is in default in payments despite a reminder Budoten will engage a third party (lawyer, debt collecting agency) to collect the debt. At the same time Budoten can apply for a negative record at major credit investigation companies. Any additional costs will be charged on to the debtor.

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May I pay by instalments?

In exceptional cases we can agree upon instalments. Please let us know, in how many instalments you would like to pay the money debt or alternatively how much money you can pay per month. You will get a reply within a few days.

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Charge at Suspicions of Fraud

At any suspicions of fraud Budoten will bring a charge at the responsible public prosecutor. We would like to remind, that fraud is an offence, that requires a complaint. After the official complaint, we can not withdraw the complaint even the money debt was completely paid. The public prosecutor in charge controls the lawsuits and decides by himself about closing of the proceedings. His decision will depend on, whether he affirms a public interest in the continuation if the proceedings or not. In other words, if the prosecutor considers to prosecute the crimal offence (i.e. fraud / attempted fraud) in order to protect the public, he may continue the proceedings.

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I've already paid. Why do you send me a reminder?

If you have already paid, you should contact us as soon as possible, that we can check your payment. It might be that for some reason we could assign the payment to your account. Please contact us, that we can clarify the matter.

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I've paid by C.O.D. - Why do you send me a reminder?

Usually - if everything goes right - you should never receive a reminder. In case you receive a reminder, it means, that we could not find any payment on our debt. It might be, that there had been some problems at the money transfer or the money was not collected at delivery. If you had paid the money to the deliverer, we would like to ask you to contact us in order to clarify the matter.

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Charge Back at Direct Debit

In case of back charge at direct debit due to lack of credit, protest against the direct debit or any other reason we will charge all costs on to you plus a processing fee.

We would like to remind, that a return of ordered items does not justify a charge back after agreed direct debit. We only can credit the returned goods upon receipt. We will usually transfer any credit within one week after receipt of the return. by the way, the legislator gives us 30 days for crediting the money. A protest in case of return of goods is simultaneously a breach of the after contractional damage reduction obligation. As in other cases we will charge all arising costs on to you.

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Extract from Legal Provisions

§ 286 BGB (German Civil Code) Delay of the Debitor

(1) If the debitor does not pay upon a reminder of the creditor, which was sent upon maturity, he shall be deemed to be in default on payment. Bringing an action of payment as well as delivery of a defaults summons in the judicial reminder procedure are treated equally to the reminder.

(2) A reminder is not required, if

  1. the time of performance is based on the calendar,
  2. the performance follows an event and there was determined an adequately period of time. which might be calculated from the event by a calendar,
  3. the creditor seriously and finally refused the performance,
  4. at special reasons by considering the interests of both sides which justifies the immediate default.

(3) The debtor shall be deemed in default, if he has not has not paid within 30 days upon maturity and receipt of a invoice or a an equivalent statement of payments; which applies in relation to debtors who are a consumer only, if these consequences had been specially pointed out in the invoice or the statement of payments. If the time of receipt of the invoice or statement of payments is uncertain, the debtor who is not consumer, shall be deemed in default latest within 30 days upon maturity and receipt of the performance.

(4) The debitor shall not be deemed to be late, if non-performance is caused by circumstances beyond his control.

§ 288 BGB (German Civil Code) Default Interest

(1) In case of delay of money debts, interests must be paid on it. The interest rate for the year amounts to five percentage points above the base lending rate.

(2) In case of legal transactions that do not involve a customer, the interest rate amounts to eight percentage points above the base lending rate.

(3) The creditor can claim a higher rate of interest for an other legal reason.

(4) Claims of compensation of any other damages are not excluded.

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Service

(+49) 03533 519510

Mo-Fr 8-12 am and
Mo-Th 1-5 pm

(+49) 03533 4890585 info@budoten.com
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