Terms of Contract
Applicable with effect from 1 May 2024
1 Subject matter and parties
1.1 The following General quickpaid Terms and Conditions are part of the quickpaid customer contract.
1.2 A.B.S. Global Factoring AG (A.B.S. GLOBAL) holds a licence from the German Federal Financial Supervisory Authority (BaFin) for factoring in accordance with §§ 32, 1 para. 1a sentence 1 no. 9 of the German Banking Act (KWG).
1.3 The client’s contractual partner is A.B.S. GLOBAL. A.B.S. GLOBAL may involve third parties in the provision of services.
1.4 The object of quickpaid is the short-term financing of the customer’s purchases from its suppliers or their intermediary financiers or intermediaries (hereinafter collectively referred to as “Supplier”).
1.5 A.B.S. GLOBAL does not advertise its services outside Germany, insofar as a separate licence is required for this. Otherwise, A.B.S. GLOBAL will only enter into client relationships in exceptional cases and at the express request of clients.
1.6 The customer declares that he is acting exclusively within the scope of his commercial business, his commercial activity or his independent professional activity and not for private purposes.
1.7 The customer declares that it is acting in its own name and for its own account or for the account of its owners entered in the public registers and without the instigation of third parties.
2 Services and agency
2.1 A.B.S. GLOBAL shall provide the following services:
(a) Provision of a financing facility following a creditworthiness check
(b) Checking the suitability of receivables from purchases made by the client
(c) Acceptance of receivables from suppliers against the customer for financing purposes
(d) Information and invoicing
2.2 In particular, the customer instructs A.B.S. GLOBAL to take over receivables from its suppliers which are presented to A.B.S. GLOBAL by the customer itself or by its supplier with the customer’s confirmation (agency relationship). The customer undertakes to reimburse A.B.S. GLOBAL in particular for the costs of taking over the receivables, irrespective of the existence of the receivables or the validity of assignments of receivables. Payment is due no later than 120 days after receipt of the notification of payments to suppliers.
3 Assumption of receivables and payment
3.1 A.B.S. GLOBAL receives the offer to take over receivables from the customer or its suppliers by submitting the invoices and the transactions underlying the receivables to A.B.S. GLOBAL.
3.2 A.B.S. GLOBAL decides on the acceptance of receivables at its own discretion in each individual case. In particular, A.B.S. GLOBAL checks the creditworthiness of the customer, the existence of the supplier and the suitability of the receivable. There is no obligation to accept individual claims, not even from the conclusion of this contract or the sending of access data or physical cards. A.B.S. GLOBAL may, at its own discretion, set financing limits per customer, supplier and receivable and adjust these limits for future assumption of receivables on an ongoing basis in line with creditworthiness developments and risk assessments.
3.3 If A.B.S. GLOBAL decides to take over receivables, A.B.S. GLOBAL shall agree this directly with the suppliers (receivable holders). The payment of the purchase prices (invoice amounts) constitutes the purchase of the receivables and the acceptance of the assignment of receivables.
3.4 All associated securities and ancillary rights, such as claims for restitution, default interest and damages, shall also be transferred to A.B.S. GLOBAL upon acceptance of the receivables. For this purpose, the assignment of claims of the customer arising from any changes or additions to the underlying transaction; of claims that have taken the place of the transferred claims; of expectant rights and claims to surrender and procurement of ownership in the case of reserved or collateral property; of claims arising from the resale of goods by the customer; of insurance claims and of claims against carriers.
3.5 If the receivables are taken over at the request of the customer, A.B.S. GLOBAL shall grant the customer a payment term of up to 120 days to finance these, depending on the agreement.
3.6 The customer shall make payments on assigned receivables exclusively to A.B.S. GLOBAL. In addition, the customer shall reimburse A.B.S. GLOBAL for all payments made by A.B.S. GLOBAL in reliance on the defect-free existence of claims and the guarantees under this contract. The obligation to reimburse shall extend to all costs incurred in enforcing the claims.
3.7 With the presentation of claims to A.B.S. GLOBAL by the customer himself or by his supplier under confirmation of the customer, the customer already now promises, with regard to all claims assumed within the scope of the agency relationship, to fulfil these unconditionally vis-à-vis A.B.S. GLOBAL, insofar as A.B.S. GLOBAL has actually financed invoice amounts from these, and expressly waives any existing or future objections to the existence of the claims and the validity of the assignments of claims (unconditional promise to pay).
3.8 The Customer is aware that claims may be asserted against him by suppliers and A.B.S. and that he must pursue reimbursement claims himself. For this purpose, A.B.S. GLOBAL assigns its own claims against suppliers to the customer after satisfaction.
4 Liability for the claims, guarantee promise
With the offer to assume the receivables, the customer guarantees A.B.S. GLOBAL:
4.1 the defect-free creation and existence of the claims, their freedom from defences and objections and their assignability as well as the transfer to A.B.S. GLOBAL of all statutory and contractual ancillary rights, securities and claims arising therefrom against the Supplier.
4.2 that the claims result from deliveries of goods, work and services which were commissioned in the regular course of business of his commercial trade in his name and for his account, and in particular not from commission business or claims with private reference.
4.3 that the deliveries or services on which the receivables are based are contractually justified, have been provided in full, have been accepted or finally accepted by him as being in accordance with the contract and that the receivables are not subject to foreign law from outside the countries of the European Union, Great Britain, Norway or Switzerland, insofar as the delivery or service is provided from one of these countries.
4.4 that the deliveries or services on which the claims are based (i) have been contractually established, fully performed and accepted or finally accepted by the customer in accordance with the contract or (ii) ICC Incoterms 2020 FOB (free on board) or an even more favourable ICC Incoterm 2020 have been effectively agreed and the obligations hereunder have actually been fulfilled by the suppliers and the customer, insofar as the delivery or service is made from a country outside the countries of the European Union, Great Britain, Norway or Switzerland.
4.5 that the receivables are invoiced for payment in a currency of the countries of the European Union, Great Britain, Norway, Switzerland or the United States of America and that the invoicing complies with the tax regulations.
4.6 that the invoice amounts on which the receivables are based and the payment terms agreed with the Supplier are customary in the market and are not yet overdue at the time of the offer to A.B.S. GLOBAL. Invoiced amounts with payment terms may be due in 8 days at the earliest; invoiced amounts without payment terms may not be more than 7 days overdue.
4.7 that the receivables are not those between companies affiliated under company law (intra-group trade receivables) or – also with regard to the authorised representatives – personally related persons.
4.8 that the claims have not been or will not be subsequently changed in their existence, in particular by agreements with the supplier or by revocation, contestation, offsetting, contract amendments or other defences and objections.
4.9 that he waives any defence or objection against claims arising from his relationship with the Supplier vis-à-vis A.B.S. GLOBAL. This also includes the offsetting of counterclaims to which he is entitled against suppliers, including in the context of a current account. This also applies if suppliers become insolvent or if claims cannot be enforced for other reasons.
4.10 that no exclusion of assignability has been agreed or that such an exclusion is in any case ineffective, and that the customer does not invoke any ineffectiveness of the assignment vis-à-vis A.B.S. GLOBAL. Insofar as the customer has agreed a prohibition of assignment with the Supplier, the customer hereby agrees to the assignment of the offered claims to A.B.S. GLOBAL.
4.11 that he recognises as legally binding all declarations and instructions given with proper imprint and the signatory powers communicated to A.B.S. GLOBAL. The customer also recognises the authorisation of the persons signing the Assignment Agreement at the Supplier.
4.12 that the claims do not result from the delivery of live animals or weapons and that the establishment or enforcement of the claims does not conflict with national or international regulations, in particular prohibitions and the Foreign Trade and Payments Act with regard to embargoes or other sanctions.
4.13 that the ancillary rights and securities specified in the offer to take over the receivables, such as credit insurance or export credit guarantees, actually exist to the extent specified and that the customer alone is entitled to all securities.
4.14 that the customer immediately makes all necessary declarations and takes all necessary actions for the transfer of the receivables together with all ancillary rights and claims arising from their security to A.B.S. GLOBAL. With regard to non-assignable rights, A.B.S. GLOBAL is nevertheless authorised in relation to the customer to exercise the rights to which the Supplier is entitled, in particular rights of organisation, vis-à-vis the customer.
5 Information obligations of the customer
The customer shall provide A.B.S. GLOBAL with all documents required for proper accounts receivable accounting in a timely and complete electronic form. The customer shall also inform A.B.S. GLOBAL immediately about:
5.1 framework agreements with suppliers or changes thereto, bonuses or other deductions not resulting from the invoice, returns of goods or other complaints, without prejudice to its continuing obligation to pay.
5.2 all circumstances concerning the supplier that could be relevant to the existence or recoverability of receivables tendered or the creditworthiness of the supplier.
5.3 all circumstances concerning the supplier itself that could jeopardise its solvency or the enforcement of assigned claims.
5.4 the assertion of rights of third parties to assigned claims or objects assigned to A.B.S. GLOBAL by way of security as well as the revocation or modification of authorisations of suppliers subject to retention of title to collect claims.
6 Remuneration, invoicing, current account, due date and prohibition of assignment
6.1 A.B.S. GLOBAL shall receive interest and/or fees in accordance with the price agreement made at the time of the offer to take over the claim and the price list published on www.quickpaid.com.
6.2 All claims and receivables of A.B.S. GLOBAL arising from this contract are due immediately, unless expressly agreed otherwise. Invoicing shall take place immediately after acceptance of the claim. The customer shall issue A.B.S. GLOBAL with a direct debit mandate to collect payments due.
6.3 All accounts managed by A.B.S. GLOBAL and its affiliated companies A.B.S. Factoring AG (Switzerland), A.B.S. Factoring AG (Austria), A.B.S. Factoring d.o.o. (Slovenia), A.B.S. Global Factoring AB (Sweden) and Deutsche Gesellschaft für privatärztliche Abrechnung dgpar GmbH for the customer, including for service relationships other than quickpaid, form a single invoice. A.B.S. GLOBAL may offset the resulting balances against each other without restriction (current account). The mutual claims are offset and charged to the customer. The proof of invoice shall be deemed approved if the customer does not raise any objections within one month of receipt.
6.4 The customer may only offset claims of A.B.S. GLOBAL against undisputed or legally established claims. Offsetting is excluded beyond this. The customer may only assign claims against A.B.S. GLOBAL with A.B.S. GLOBAL’s consent.
7 Liability and compensation for breaches of warranty and duty
7.1 The customer shall be liable to A.B.S. GLOBAL for the fulfilment of all obligations and guarantees of this contract and shall owe damages, including loss of profit, in the event of a breach of these, regardless of fault. In this case, A.B.S. GLOBAL can always demand the cancellation of the entire contractual relationship.
7.2 A.B.S. shall only be liable to the Customer for direct and typical damages resulting from any defective performance. Liability is limited to cases of wilful or grossly negligent breach of contractual obligations. These limitations shall not apply in the event of injury to life, limb or health of persons.
8 Contract duration and cancellation
The contract runs for an indefinite period. It can be cancelled in writing with a notice period of 3 months to the end of the month. Cancellation for good cause remains reserved. Such a reason exists even without a warning, in particular in the event of
8.1 Payments made by the customer directly to the supplier contrary to this contract.
8.2 Non-compliance with warranty promises in accordance with this contract.
8.3 Deception or concealment of circumstances material to the contractual relationship.
8.4 Impending or actual significant deterioration of the customer’s assets, in particular the application for insolvency proceedings, cheque or bill protests or return debit notes due to lack of funds, occurrence of insolvency or over-indebtedness, resolution on liquidation due to lack of assets.
8.5 Non-provision, withdrawal and deterioration of collateral to be provided.
9 Data protection, involvement of third parties
9.1 A.B.S. GLOBAL may collect, process and use all non-personal information and data about the customer, the receivables offered and the details of the suppliers that become known in the course of this business relationship. The data protection declarations of A.B.S. GLOBAL published on www.quickpaid.com apply to the disclosure of data to third parties.
9.2 A.B.S. GLOBAL may have individual services of this contract provided by third parties named in the privacy policy or involve third parties in the functioning of the contract. This applies in particular to the identification of the customer and his authorised signatories, the credit insurance of the receivables and the refinancing through the assignment of purchased receivables to third parties. The customer agrees that A.B.S. GLOBAL may have the identification of the customer ensured by third parties, that non-personal data may be passed on confidentially to third parties and also stored and processed there, and that purchased receivables may be transferred to third parties. The customer hereby accepts the contractual content and general terms and conditions of third parties involved by A.B.S. GLOBAL as if they were part of this contract.
9.3 The customer shall always obtain the necessary consents from its business partners for the forwarding of their data to A.B.S. GLOBAL independently and in good time.
10 Communication, authorisation to sign
10.1 The parties shall communicate via the client portal at www.quickpaid.com and using the contact details of their business addresses. A.B.S. GLOBAL shall regularly inform the client of financing limits and notify the client of changes to the price list.
10.2 The customer shall provide A.B.S. GLOBAL with all information and documents necessary to fulfil the obligations arising from the Money Laundering Act and shall inform A.B.S. GLOBAL immediately of any changes arising in the course of the business relationship.
10.3 In particular, the customer shall provide A.B.S. GLOBAL with evidence of the authorisation of the persons acting on his behalf. They shall legitimise the other persons authorised to sign on their behalf and prove their identity, unless they have already done so themselves. At the same time, all persons are authorised individually and in a legally binding manner to make declarations to A.B.S. GLOBAL within the scope of the contractual relationship, to legitimise other persons and, in particular, to offer claims. The customer may revoke this authorisation at any time.
11 Disclosure of the customer’s legal and financial circumstances
The customer shall inform A.B.S. GLOBAL immediately of any changes of a legal or economic nature that have a significant impact on the customer’s business and of any business policy measures that affect the existence and enforceability of the receivables. At the request of A.B.S. GLOBAL, the customer shall provide
11.1 The customer’s and the supplier’s terms and conditions of purchase, delivery and payment in the version valid at the time and informs of any changes thereto.
11.2 A.B.S. GLOBAL shall provide the customer with business analyses, annual financial statements and shall allow inspection of the business books, accounts and other creditworthiness documents at A.B.S. GLOBAL’s discretion by sending them to the customer or allowing the customer to inspect them. This also applies to all companies legally or economically affiliated with the customer. A.B.S. GLOBAL may use the services of authorised representatives who are bound to secrecy in accordance with their professional regulations.
12 Final provisions
12.1 German law shall apply to this contractual relationship, purchases of receivables and assignments of receivables, even if foreign law should apply to receivables and the underlying performance relationships.
12.2 The place of fulfilment is the registered office of A.B.S. GLOBAL. The place of jurisdiction for all disputes arising from and in connection with this contract is – as far as permissible – the registered office of A.B.S. GLOBAL. A.B.S. GLOBAL is also entitled to assert claims at the customer’s general place of jurisdiction.
12.3 Damages may be claimed in accordance with the statutory provisions if one party culpably breaches obligations arising from this contract.
12.4 Written form within the meaning of this contract includes electronic form.
12.5 There are no verbal collateral agreements. Amendments or additions to this contract, including this provision, must be made in writing, unless they are merely amendments to these General Factoring Terms and Conditions.
12.6 A.B.S. GLOBAL shall notify the customer of any amendments to these General Terms and Conditions no later than one month before the proposed date of their entry into force. The customer’s consent shall be deemed to have been given if the customer does not notify A.B.S. GLOBAL of his rejection by then. A.B.S. GLOBAL shall specifically draw the customer’s attention to this authorisation effect in the event of changes.
12.7 If a provision is or becomes invalid or cannot be implemented, this shall not affect the validity of the remaining provisions. In this case, the supplementary and/or replacement provision that corresponds or comes closest to the expressed or, if necessary, presumed intention of the parties, taking into account the purpose of the contract, shall apply.
12.8 In the event that this contract is provided in other languages in addition to German, the German version shall prevail. In the event that this contract is not provided in German, but in English and/or other languages, the English version shall prevail.
Appendix 2 – Customer declaration for each offer of receivables
By submitting this invoice(s), we instruct A.B.S. to finance the invoice amounts by taking over these receivables from the specified suppliers.
To this end, we provide the guarantees listed in the [Link: General quickpaid conditions] for the defect-free creation, existence and assignability of the receivables.
The delivery or service is provided from: [Selection menu: authorised countries]
In the event that the delivery or service is made from a country of the European Union, Great Britain, Norway or Switzerland, we declare that it has been fully provided and accepted by us.
In the event that the delivery or service is provided from outside a country of the European Union, Great Britain, Norway or Switzerland, we declare that at least ICC Incoterms 2020 FOB (free on board) or an ICC Incoterm 2020 that is even more favourable to us has been effectively agreed for these and that the obligations hereunder have actually been fulfilled by the suppliers and us.
Insofar as A.B.S. GLOBAL finances the invoice amounts to us, we will unconditionally fulfil the claims presented here against A.B.S. GLOBAL, even if these may not have been transferred to A.B.S. GLOBAL with legal effect. In particular, we waive any existing or future objections to the existence of the receivables and the validity of the assignments of receivables to A.B.S. GLOBAL (unconditional promise to pay).
ALTERNATIVE HERE TO: upon presentation of the claim for acceptance by the supplier:
Your supplier [-] has offered to take over the claim against you under contract [-] for the amount of [-] due on [-]. We will accept the claim if we receive the following confirmation from you:
Unless we receive an express declaration to the contrary from you within 2 working days of receipt of this notification by you, the following shall apply between you and us:
You confirm the legality and correctness of the claim, the basis of the stated contractual relationship as well as the knowledge of the assignment of the claim to us. You hereby unconditionally and irrevocably recognise that you owe and will pay the above-mentioned amounts due to A.B.S. Global Factoring AG without any claim to set-off, deduction, contribution, chargeback, defence or counterclaim, irrespective of the correctness of the claims and the validity of assignments to A.B.S. Global Factoring AG (irrevocable promise to pay) in order to establish a promise of debt and payment in accordance with § 780 BGB.
If, exceptionally, this is not the case, you are obliged to inform us of this within 2 working days of receipt of this notification to mail@quickpaid.com.
Appendix 3 – Price list for quickpaid services
1 General information
The following fees, interest and financing limits apply unless otherwise agreed between A.B.S. GLOBAL and the customer. Such an agreement must be made expressly and can also be made for individual claims. All information is subject to statutory value added tax.
2 General interest and fees
A.B.S. GLOBAL charges the customer an annual fee of EUR 0.00 for each year or part thereof from the conclusion of the contract, irrespective of the actual assumption of claims.
3 Interest and fees per debt assumption
3.1 If the customer requests the assumption of a receivable, A.B.S. GLOBAL shall charge interest and/or fees for the assumption of a receivable in accordance with the price agreement made at the time of the offer to assume a receivable for financing periods of 60, 90 or 120 days. The price agreement takes place when the payment term is selected on www.quickpaid.com. Subject to this, however, a minimum price of EUR 25.00 shall apply for each individual assumption of receivables. This applies to every actual payment by A.B.S. on receivables, irrespective of the existence of the receivables or the validity of assignments of receivables.
3.2 A financing period of 120 days includes the agreement to repay the customer in instalments of 30% after 60 days, a further 30% after 90 days and the remaining 40% after 120 days.
3.3 If A.B.S. GLOBAL is able to take advantage of discounts when taking over the receivables, the financed invoice amount shall be reduced by these discounts.
3.4 If the Supplier requests an assumption of receivables, the Customer shall not bear any costs. In this case, A.B.S. GLOBAL shall agree the remuneration for the assumption of the claim with the Supplier.
3.5 A.B.S. GLOBAL shall charge interest of 2.00% per month on the outstanding amount from the first day of overdraft.
4 Financing limits
A.B.S. GLOBAL only finances receivables up to maximum amounts, which can be determined by A.B.S. GLOBAL per individual receivable, per supplier and per customer and which are communicated to the customer.
5 Other fees and costs
If the customer requests the assumption of a claim, A.B.S. GLOBAL will pass on third-party bank charges and other costs to the customer.
Appendix 4 – Assignment of the supplier’s claim
Consent to immediate payment of outstanding invoices
Between
A.B.S. Global Factoring AG, a stock corporation under German law, registered in the Commercial Register HRB 10268, Wiesbaden Local Court, with its registered office at Mainzer Straße 97, DE-65189 Wiesbaden (hereinafter “A.B.S. GLOBAL”)
and
[●], [●] under German law, registered in the commercial register HRB [●] Local Court [●], business address [●] (hereinafter “Supplier”)
As part of our purchase financing quickpaid, we have concluded with our customer
[●], [●] German law, registered in the commercial register HRB [●] local court [●], business address [●] (hereinafter “Customer”)
agreed to finance existing receivables from our customer at short notice:
[invoice no., invoice date, gross invoice amount, total amount]
We therefore hereby offer to purchase these receivables from you. We will immediately transfer the full invoice amounts less any discounts to your following bank account:
[IBAN, BIC]
By signing this agreement, you confirm to us that the services on which the receivables are based have been rendered by you in full and free of defects and defences, that the receivables are freely available and, in particular, that they have not already been assigned as part of factoring (negative declaration). You sell us these claims and assign them to us together with all ancillary claims and the claims from any security step by step against receipt of the purchase price by you. We hereby declare our acceptance of the assignment.
German law shall apply. The data protection regulations published on www.quickpaid.com apply.
[Date of execution], A.B.S. Global Factoring AG, [Facsimile Authorised representative A.B.S. GLOBAL]
[Signature date, signature, name and function of the signatory in the company Supplier]
If this agreement is not signed by the management or the Executive Board, it is concluded by proxy (i.V.). In this case, please state the names of the management or executive board:
[Names of persons authorised to represent the supplier]
Please sign this agreement and return it to us at mail@quickpaid.com. You will receive the invoice amount immediately.
ALTERNATIVE HERE TO quickpaid trade facility agreement (framework agreement) between A.B.S. and the supplier as well as agreement on purchase and assignment of the specific claim, see separate contract documentation
Appendix 5 – Agreement on the serial transfer of receivables
In order to avoid the supplier’s consent in the individual case of each offer for immediate payment of outstanding invoices, an agreement on the serial assumption of receivables can be concluded with the supplier. In legal terms, this is the essence of a factoring framework agreement for precisely defined future receivables with an opt-out option for the supplier in individual cases:Agreement for the immediate payment of outstanding invoices
Between
A.B.S. Global Factoring AG, a stock corporation under German law, registered in the Commercial Register HRB 10268, Wiesbaden Local Court, with its registered office at Mainzer Straße 97, DE-65189 Wiesbaden (hereinafter “A.B.S. GLOBAL”)
and
[●], [●] under German law, registered in the commercial register HRB [●] Local Court [●], business address [●] (hereinafter “Supplier”)
As part of our purchase financing quickpaid, we have concluded with our customer
[●], [●] German law, registered in the commercial register HRB [●] local court [●], business address [●] (hereinafter “Customer”)
[Invoice no., invoice date, gross invoice amount, total amount]
agreed to finance existing receivables from our customer at short notice:
We regularly offer to purchase your receivables from this customer, stating the invoice no., the invoice date and the gross invoice amount.
We will immediately transfer the full invoice amounts less any discounts to your following bank account:
[IBAN, BIC]
Subject to the condition precedent of our specific offer for immediate payment, you hereby sell us these specifically designated claims against this customer and assign them to us, together with all ancillary claims and claims arising from any security, step by step against receipt of the purchase price by you. We hereby declare our acceptance of the assignment.
In any case of our offer for immediate payment, you can reject this within 2 working days. To do so, you must send your rejection to mail@quickpaid.com.
You hereby confirm to us that the services on which the specifically designated claims are based have been provided by you in full and free of defects and defences at the time of invoicing, that the claims are freely available and, in particular, that they have not already been assigned within the framework of factoring (negative declaration).
If, exceptionally, this is not the case, you are obliged to inform us of this within 2 working days of our offer for immediate payment to mail@quickpaid.com.
Of course you can cancel this agreement at any time. German law applies. The data protection regulations published on www.quickpaid.com apply.
[Date of execution], A.B.S. Global Factoring AG, [Facsimile authorised representative A.B.S. GLOBAL]
[Signature date, signature, name and function of the signatory in the company Supplier]
If this agreement is not signed by the management or the Executive Board, it is concluded by proxy (i.V.). In this case, please state the names of the management or executive board:
[Names of persons authorised to represent the supplier]
Please sign this agreement and return it to us at mail@quickpaid.com.
Following the conclusion of an agreement on the serial transfer of receivables, offers for the immediate payment of outstanding invoices to the supplier no longer require express consent in individual cases, but only the offer of specifically designated receivables in the notification. An opt-out applies for the supplier:
Offer for immediate payment of outstanding invoices
Between
A.B.S. Global Factoring AG, a stock corporation under German law, registered in the Commercial Register HRB 10268, Wiesbaden Local Court, with its registered office at Mainzer Straße 97, DE-65189 Wiesbaden (hereinafter “A.B.S. GLOBAL”)
and
[●], [●] under German law, registered in the commercial register HRB [●] Local Court [●], business address [●] (hereinafter “Supplier”)
As part of our purchase financing quickpaid, we have concluded with our customer
[●], [●] German law, registered in the commercial register HRB [●] local court [●], business address [●] (hereinafter “Customer”)
[Invoice no., invoice date, gross invoice amount, total amount]
agreed to finance existing receivables from our customer at short notice:
We therefore hereby offer to buy these receivables from you. We will immediately transfer the full invoice amounts less any discounts to your following bank account:
[IBAN, BIC]
In the agreement on the immediate payment of outstanding invoices, you have already sold us these receivables subject to the condition precedent of this offer and assign them to us with all ancillary claims and the claims from any security step by step against receipt of the purchase price by you. We have already declared our acceptance of the assignment.
Nevertheless, you can reject our offer for immediate payment within 2 working days of receipt of this offer. To do so, please send your rejection to mail@quickpaid.com.
You have also already confirmed that the services on which the claims are based have been provided by you in full and free of defects and defences, that the claims are freely available and, in particular, that they have not already been assigned as part of factoring (negative declaration).
If, exceptionally, this is not the case, you are obliged to inform us of this within 2 working days of our offer for immediate payment to mail@quickpaid.com.
[Date of issue], A.B.S. Global Factoring AG, [Facsimile authorised representative A.B.S. GLOBAL]
If we do not hear from you, you will receive the invoice amount immediately.
Appendix 6 – Settlement of quickpaid services
[in the event of a request for the customer to take over the claim themselves]
[●], [●] German law, registered in the commercial register HRB [●] local court [●], business address [●] (hereinafter “Customer”)
Billing no.: [●]
Billing date: [●]
Service date: [●]
Your tax no.: [●]
As part of our purchase financing quickpaid, we have checked the invoice(s) submitted by you and paid a purchase price of € [●] to your supplier to take over the claim(s) by assigning the claim(s):
[company supplier], assignment of claim dated [date of assignment] € [●]
less discounts taken into account € [●]
Payment on the supplier claim (financing) € [●]
This results in a net quickpaid fee € [●]
plus 19% statutory value added tax € [●]
gross quickpaid fee € [●]
Due to the payment term agreed with you of an additional [●] days, this results in an amount of € [●], which is due for payment by you on [due date].
ALTERNATIVE for 120 days: Due to the additional payment term of xxx days agreed with you, this results in an amount of € [●], which is due for payment by you on three dates.
We will debit amounts from your account on the due date as part of the SEPA Direct Debit Mandate you have issued to us. You can find the direct debit mandate at www.quickpaid.com.
