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North America Commercial Collection Services are available except where
prohibited and shall be provided on the following terms and conditions:
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Collection Services. Smyth Collections LLC (SMYTH) will make written, telephone
and/or personal demands for payment.
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Legal Forwarding Service. SMYTH will forward accounts to attorneys on the
customer's behalf in accordance with the customer's instructions.
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SMYTH has the right to endorse for deposit and collection, in the name and on
behalf of the customer, checks received on accounts placed for collection and
to deduct from these checks, its authorized charges.
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The customer agrees to indemnify, defend and reimburse, if necessary, SMYTH for
any payment made by SMYTH to the customer that subsequently is claimed to be a
preferential payment under applicable bankruptcy and insolvency laws.
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If the customer does not designate an attorney, SMYTH is authorized to select
an attorney and forward account(s) to the attorney(s) selected. The customer
and the attorney(s) shall be free at all times to communicate directly with one
another. These attorneys are not employed by SMYTH but are the customer's
attorneys. The customer agrees to indemnify and hold SMYTH harmless from any
loss, damage, or expense associated with the acts or omissions of any attorneys
in connection with accounts forwarded.
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The customer agrees that SMYTH will not be liable for consequential damages,
even if advised of the possibility of such damages. The customer also agrees
that SMYTH's total liability, if any, for any and all losses or injuries
arising out of any acts or omissions of SMYTH shall never exceed $10,000 and
the customer promises that it will not sue SMYTH for an amount greater than
such sum.
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North America Standard Rates are 30% of the first $501 to $3,000 collected; 27%
of the next $3,001 to $10,000 collected; and 25% of amounts collected in excess
of $10,000; with minimum charges of $150 on collections of $301 to $500 and 50%
on collections of $300 or less. On accounts where the oldest invoice is more
than one year old, or which consists of customer deductions, a rate of 33 1/3 %
will be charged. If the customer withdraws an account, settles directly or
accepts returned merchandise, the customer may be charged these rates. The
customer agrees to pay applicable taxes. If accounts are forwarded to
attorneys, charges contingent upon collection for services of SMYTH and
attorneys combined are the same as those outlined above. There may be
additional charges by attorneys when suits or other legal proceedings are
authorized by the customer, consisting of an administrative charge, suit fee,
advance costs and, in some instances, a retainer.
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International Commercial Collection services are available except where
prohibited and shall be provided on the following terms and conditions:
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Collection Services. SMYTH will make written, telephone and/or personal demands
for payment. Charges are 30% of the amount collected in the European Union,
Switzerland and Australia. On accounts where the oldest invoice is more than
one year old, a rate of 35% will be charged. Charges in Argentina, Brazil,
Chile, Czech Republic, Hong Kong, Hungary, Israel, Japan, Malaysia, Mexico,
Norway, New Zealand, Poland, Russia, Singapore, South Africa, Taiwan and
Venezuela are 35%. Circumstances may exist due to the size, age and geographic
location of an account where standard rates do not apply. Complete addresses
and working telephone numbers are required on all international accounts. In
the event an address provided is incorrect, or, the telephone number provided
is out of service or incorrect, SMYTH will charge a $50 tracing fee. If the
customer withdraws an account, settles directly or accepts returned
merchandise, the customer will be charged these rates. The customer agrees to
pay applicable taxes.
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Documents. Copies of the contracts, invoices, drafts, checks and shipping
documentation increase the probability of collection and are required upon
account placement for Asia and South America.
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Forwarding Service. Accounts may be forwarded to attorneys upon the customer's
authorization. SMYTH contingent fees drop to 17% when accounts are forwarded to
attorneys. The customer agrees to pay all additional contingent fees charged by
attorneys. (Attorney fees vary but are approximately 20% of total collected
amounts.) There may be additional charges by attorneys when suits or other
legal proceedings are authorized by the customer, consisting of an
administrative charge, suit fee, advance costs and, in some instances, a
retainer. Attorney fees may vary depending on debtor country. SMYTH shall have
the right to endorse for deposit and collection, in the name and on behalf of
the customer, checks received on accounts placed for collection and to deduct
from these checks, its authorized charges.
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The customer agrees to indemnify, defend and reimburse, if necessary, SMYTH for
any payment made by SMYTH to the customer that subsequently is claimed to be a
preferential payment under applicable bankruptcy and insolvency laws. Unless
notified otherwise, claims will be converted to local currency upon placement
by the Customer and collection efforts will be made based on such converted
currency. SMYTH shall not be liable to the customer because of changes in rates
of exchange or blockage of or changes in the convertibility of currency.
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The customer and the attorney(s) are free at all times to communicate directly
with one another. These attorneys are not employed by SMYTH but are the
customer's attorneys. The customer agrees to indemnify and hold SMYTH harmless
from any loss, damage, or expense associated with the acts or omissions of any
attorneys in connection with accounts forwarded.
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The customer agrees that SMYTH will not be liable for consequential damages,
even if advised of the possibility of such damages. The customer also agrees
that SMYTH's total liability, if any, for any and all losses or injuries
arising out of any acts or omissions of SMYTH shall never exceed $10,000 and
the customer promises that it will not sue SMYTH for an amount greater than
such sum.
Important Notice: Submitting a
claim for collection implies that you have read and accepted the Smyth
Collections LLC Standard Terms and Conditions.
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