TERMS AND CONDITION
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GENERAL TERMS AND CONDITIONS (ONLY GERMAN VERSION IS LEGALLY BINDING)
1. The collateral loan agreement is concluded upon surrender of the collateral, issue of the loan certificate and paying out of the loan amount. This agreement is subject to the regulations on commercial pawnbroking (“Verordnung über den Geschäftsbetrieb der Pfandleiher”) as well as other relevant regulations and the terms and conditions of the loan agreement.
2. The pledger declares through surrender of the collateral and receipt of the loan certificate that he/she is the sole owner of the collateral item and that he/she has sole power of disposal thereof. If the collateral item is among those listed in §§1369, 1450 BGB (German Civil Code), the pledger assures that he/she has the express approval of his/her spouse in pledging this item.
3. If the lien has been validly granted, the pledger is exempt from any personal obligation to the pledgee with respect to the loan. If the pledge is not redeemed (Section 4), the pledgee is free to realise the collateral. In the event that the pledgee does not acquire the lien due to the rights of a third party, the pledger must pay the pledgee, in compensation of damages, the loan amount, the interest and charges indicated on the loan certificate, plus reimbursement of any additional costs incurred until the day the pledge is relinquished to the entitled third party, provided the collateral loan agreement is valid. If the pledgee releases the collateral to a third party who has furnished evidence that negates the pledge, or if the pledgee is compelled to do so by the courts, the lien is deemed not to have occurred. The same shall apply if the pledgee has already realised the collateral and the third party demands compensation. If this compensation is higher than the amount repayable under the prevailing rate, the pledger shall be liable for this amount.
4. The collateral can be redeemed by repaying the loan amount, including interest and reimbursement of any costs, and surrendering the loan certificate, provided that the collateral has not already gone to auction for recovery of the debt. The pledgee is not obliged to verify whether the loan certificate holder is authorised to redeem the collateral.
5. When the loan becomes due and payable, the loan agreement may be extended subject to the payment of interest and reimbursement of any costs, but only with the consent of the pledgee.
6. In the event that the loan certificate is lost, the pledger must notify the pledgee immediately and verify his/her status as pledger by stating the loan certificate number or the date of the pledge and accurately describing the collateral. If the pledger is able to provide sufficient evidence for the loss, he/she shall receive written confirmation as proof of having reported the loss. In cases of loss such as this, the collateral may not be redeemed or the pledge renewed until after the date of repayment.
7. Interest and costs that are due on a monthly basis shall be charged in full for a partial month. The day of pledging will only be taken into account if the pledge is redeemed on the same day.
8. If the pledge is not redeemed or renewed, it will be released for public auction.
9. If the amount recouped at auction is greater than the amount repayable, the pledger shall be entitled to this excess subject to surrender of the loan certificate. Section 6 is also applicable in this case. The “excess” is that part of the proceeds from the sale of the collateral that remains after deducting the loan amount, interest and costs.
10. Liability on the part of the pledgee is excluded, especially for damages due to breakage, vermin or similar, unless these damages are caused intentionally or through gross negligence on the part of the pledgee. Any claim for compensation may only be made at the time the collateral is redeemed.
The pledgee shall be released from all liability as soon as the collateral is removed from the pledgee’s premises without complaint of damage.
11. The pledge may also be redeemed and renewed by mail. The pledger is required to contact the pledgee for instructions on this procedure. Cheques, bills of exchange or other payment instruments will not be accepted as payment. For enquiries by mail, please include a self-addressed stamped envelope.
12. The sole legal venue and place of performance is the location of the pledgee’s business premises where the loan agreement was concluded. This contract is subject to German law.
13. In the event that the pledger has insured the collateral in any way, he/she shall assign to the pledgee all entitlement to insurance benefits in respect of the collateral for as long as the pledgee’s claims have not been satisfied in full.
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