assigned to Adarna d.o.o. by the client through the submission of the complete
debtor and claim data. The collection contract is established upon the.
General Terms and Conditions 1. Order Placement and Scope Adarna d.o.o. assumes collection orders on behalf of the client for the collection of undisputed claims for which legal means have not been exhausted as well as for long-term monitoring orders for titled claims which have already been assigned against the client’s debtors. Collection orders will be assigned to Adarna d.o.o. by the client through the submission of the complete debtor and claim data. The collection contract is established upon the confirmation of the assignment by Adarna d.o.o.. Each collection order is subject exclusively to the following conditions. Terms and conditions of the customer are not recognized and are irrelevant. Upon conclusion of the collection order, oral and written correspondence is to take place solely between Adarna d.o.o. and the debtor. If a contract attorney is engaged by Adarna d.o.o., correspondence with the debtor is to take place exclusively through this attorney. 2. Notification of Payment If payments are made by the debtor directly to the client, then Adarna d.o.o. must be notified of this immediately in writing. If the client fails to make this notification and Adarna d.o.o. thereby incurs expenses, these expenses must then be paid by the client. Adarna d.o.o. is also to be informed immediately in writing as to other substantial events which are of importance for the contractual relationship and for the filing of the claim. 3. Remuneration Adarna d.o.o. is entitled to remuneration for their services. The amount is based on the contract between Adarna d.o.o. and the client. In addition the client must assume the necessary expenses incurred by Adarna d.o.o. for inquiries made with public institutions (residency registration offices, authorities, credit agencies, etc.) as well as expenses for inquiries as to address which are incurred. The remuneration and the expenses for disbursement will be due in accordance with the contract and will be listed for the client in the invoice. If additional measures are desired by the client, then these measures will be billed separately in the invoice in accordance with prior arrangements. If an assigned claim is found to be non-existent or no longer existent, then Adarna d.o.o. has the right to make a claim of payment from the client of the full collection remuneration in addition to a lump sum and in place of the actual expenditures. Third parties which may have been engaged by Adarna d.o.o. have the right to claim for payment of their fees and expenses in this case. The fees and expenses of the contracted attorneys in this case are calculated according to the statutory fees for attorneys. 4. Performance Commission Adarna d.o.o. will receive an additional performance commission upon successful receipt of payment for a claim. Adarna d.o.o. is entitled to the performance commission not only upon payment by the debtor to Adarna d.o.o. or directly to the client, but also if the debtor has satisfied the client’s claims by means of offset, settlement, partial payment, or return of goods. The client must inform Adarna d.o.o. of this immediately. The performance commission is due to be paid to Adarna d.o.o. with the disbursement of the collected claim to the client or in accordance with the contractual agreement. 5. Authorization for the engagement of contractual attorneys Adarna d.o.o. is authorized by the client, in accordance with previous arrangements with the client, to assign their contractual attorneys to file and conduct legal proceedings in the name and on behalf of the client. If the claim is only partially received, the existing amount is first to be used for the payment of legal fees which have been incurred. 6. Termination of the Contract The contractual relationship ends upon the entry of the claim, after verification of failure to collect or in accordance with contractual agreement. In addition the legal provisions apply. If the client terminates the collection order prior to collection fulfillment, Adarna d.o.o. has a right to make a claim against the client for full collection remuneration. The client is herewith informed that the contractual attorneys have on their part independent claim against the client for the complete legal fees which they have up until that time incurred. In addition, the client owes Adarna d.o.o. the performance commission less the expenditures saved, even if up until that point no success is evident. Adarna d.o.o. is entitled to terminate the contract extraordinarily if the client does not fulfill his obligations, in spite of written notification by Adarna d.o.o., to cooperate in providing information, documents, etc. and further activity on the part of Adarna d.o.o. or their attorneys is thus not possible or or has no chance of success. If Adarna d.o.o. terminates the contractual relationship, the above calculation of expenses applies accordingly. 7. Liability Adarna d.o.o. is liable only for intentional or gross negligence. This disclaimer of liability does not apply in cases of legally compelling liability, in case of malice or loss of life, injury to body or health. In case of slight negligence Adarna d.o.o. is only liable if an obligation is violated, the compliance with which is of special importance for the achievement of the purpose of the contract (cardinal obligation). 8. Limitation Claims by the client against Adarna d.o.o. expire in three years after the filing of the claim. 9. Data Protection Adarna d.o.o. will secure all personal data transferred to them from third party access and will strictly follow the legal provisions of data protection. The information and data received by Adarna d.o.o. concerning individual debtors in the course of processing are property of Adarna d.o.o. . Transfer of the data to third parties without the express consent of the client is excluded. Adarna d.o.o. likewise obligates its employees to the strictest confidentiality. 10. Monitoring contract for claims which have exhausted legal measures In addition, the following applies if the client assigns Adarna d.o.o. with the implementation of monitoring procedures: The financial situation of the debtor is monitored in this case by Adarna d.o.o.. If improvements in the economic situation of the debtor become known, then Adarna d.o.o. will implement the necessary measures. The debtor will be monitored, in order to maintain the data and information as to changes on a current basis. Positive developments will lead immediately to new processing. If the reminders made by Adarna d.o.o. remain unsuccessful and other non-legal measures by Adarna d.o.o. also do not result in success, then Adarna d.o.o. can at its discretion engage attorneys for the implementation of enforcement measures. The assignment will be made if the necessary power of attorney by the client is on hand, on behalf of the client, however without incurring expenses for the client. These expenses will in this case be assumed by Adarna d.o.o.. The client pays only a one-time order fee in accordance with the contract as well a performance commission in the case of the complete or partial claim recovery in accordance with the contractual agreement. The performance commission is due not only upon the payments by the debtor through the employment of Adarna d.o.o., but rather also when the debtor has otherwise satisfied the client’s claims through the employment of Adarna d.o.o., for example through offset, settlement, partial payment or the return of goods, etc. Upon conclusion of the monitoring contract additional activity by the client against the debtor is not permitted. The client pledges to inform Adarna d.o.o. immediately if the debtor wants to conclude agreements with the client as to paying off the obligations or makes direct payment to the client. With respect to the duration and the termination of the monitoring contract the following applies: the duration of the monitoring contract begins with the conclusion of the contract. The contract is concluded with merchants for a set 9 years and for non-merchants for 2 years. The contract extends for each time for an additional year if the contractual relationship is not terminated with a notification of three months prior to its respective end. The right to extraordinary termination by the client remains unaffected by this. In case of termination on its part, the client must compensate the firm Adarna d.o.o. for the expenses incurred up until that point, i.e., third party expenses and their own expenses. In addition the general terms and conditions under nos. 1-12, to which reference is expressly made, also apply to monitoring contracts. 11. Place of fulfillment and jurisdiction Place of fulfillment and jurisdiction is Split. Adarna d.o.o.. Management potraživanja Vinogradska 60, HR-21000 Split
