附表九 Import Factor Information Sheet
（德国：Eurofactor AG，节录部分内容）
Import Factor
Information Sheet
Eurofactor AG
P.O.Box 1107
82032 Deisenhofen
Germany
Factor Code：DE 00900
Table of Contents：
1.Company Details—Contacts（略）
2.Visits（略）
3.Specialization（略）
4.Geographical Coverage（略）
5.Seller Information Form（略）
6.Credit Approvals（略）
7.Pricing（略）
8.Bank Charges（略）
9.Commission Statements（略）
10.Collection＆Dunning Procedures
11.Reporting／Central Systems（略）
12.Introductory Letter（略）
13.General Legal Objectives in Germany
13a Retention of Title
13b Explanation of ban on Assignment“Abtretungsverbot”
13c Handling of receivables against Central Regulation Organisations
10.Collection and DunningProcedures
Our dunning procedures are flexible and can be adjusted to specific requirements，standard rules are as follows：
Written reminder：
Dunning letters are system driven and automatically produced upon maturity date of invoice：(https://www.daowen.com)
8 days after due date：1st reminder
14 days after 1st reminder 2nd reminder
14 days after 2nd reminder 3rd reminder
The 3rd reminder announces legal actions which start with a grace period of 8 days after reminder date.
For unapproved receivables we will start legal action only with Export Factor's permission.
Telephone calls：
An automatic dialling system monitors all calls.Promises of payments are logged into the system and automatically re-dialed if the payment is not received as agreed.
Telephone procedures can also be adapted to specific requirements，standard rules are：
●Between the 2nd and 3rd reminder.
●Calls are configured depending on what payment promises have been made up until 45 days maximum after due date when they are passed on to our Legal Department.
Soundings：
For our domestic activity，soundings are carried out in conformity with internal risk procedures.This also applies to international business and is set depending on the Export Factor requirements.
13.General Legal Objectives in Germany
●Retention of Title clause：The Retention of Title will help to recover the goods in case of a litigation.
It would be advisable to obtain a copy of the Retention of Title clause if used by the exporter.
●Explanation of the consequence of“Abtretungsverbot”（ban on assignment）.
●Handling of receivables against Central Regulation Organisations.
13a Retention of Title
This is one of the most widely used means of improving the security of outstanding debts in Germany.It is used in practically by all industries and it is strongly recommended that for all exports to Germany，a Retention of Title is used.The holder of Retention of Title can execute the right to claim back available goods from the liquidator／receiver or even to claim corresponding parts of the buyer's own unpaid outstanding receivables.
We recommend that the sellers should use in their contracts of sale with German debtors a Retention of Title clause.If we give an example as follows this is only for illustration and information purposes，not for direct use as we don't know the details of the particular contract.It is therefore advisable that the seller together with a respective counsel should ensure the effectiveness of such clause：
“We reserve to ourselves Retention of Title of the goods delivered until all our claims under the business relationship will have been settled.In the event that the goods delivered or，respectively，the merchandise produced there from are resold by the purchaser or incorporated into premises or a third party，the purchaser's claim on his buyer passes on to us.If the goods delivered or merchandise produced include—besides the reservation goods of the seller—only such items which either belonged to the purchaser or which had been delivered based only on the so-said simple retention of title（“einfacher Eigentumsvorbehalt”），the purchaser assigns the complete purchase price claim to us and we accept this assignment.In the（other）case that the assignments have been made to several suppliers we can only claim title to a fraction of the receivable relative to the proportion of the invoice value of our goods or merchandise in comparison to the invoice value of the other goods of the merchandise.The buyer is obliged to inform us of the third party's address upon request.We are entitled to notify the third party of such assignment.We are obliged to release upon request of the purchaser of the purchaser all securities according to the choice of the purchaser，to which he is entitled according to the before mentioned conditions，insofar that the realizable value of the securities exceeds our claim by more than 10%.”
13b Explanation of ban on Assignment“Abtretungsverbot”
Some German firms（e.g.industrial groups or retailer chains）have included in their purchase conditions a stipulation saying that the seller is not allowed to assign his claims against the debtor concerned.This rule is corrected by the German Trade Law in the sense that the assignment is allowed legally，but if an assignment is made，nevertheless，the debtor has the right，as before，to pay to the seller directly with the effect of being discharged from his obligation；that means the money will not be channelled through us and you.Moreover，we have no legal possibility to demand a second payment.Accordingly，the following risk may arise for you：
The debtor pays to the seller without informing us，the seller receives the money without informing you and becomes insolvent afterwards.In the case of eventual insolvency we，as Import Factor，do not assume the responsibility of the approval granted because we have no legal possibility to force the debtor to pay.Our assumption of the credit risk results only in the obligation to make a payment under guarantee in the event that the debtor becomes insolvent and has not paid to one of the parties involved（as defined in Article 25 of the FCI General Rules for International Factoring，Edition June 2003）.
This，of course，is the normal risk which is covered by an Import Factor，but we want to point out that this problem might bring difficulties，i.e.regarding the dunning procedure，the handling of disputes and forwarding any kind of information.
13c Handling of receivables against Central Regulation Organisations
In some industries in Germany it is common that payment of debtors are proceeded via Central Regulation Organisations（CRO）like e.g.Metro，Rewe.In some cases the CRO has stipulated a pre-assignment clause for claims against the associated debtor in the purchase agreement.To ensure your／our ownership of the receivables a three-party-agreement between the exporter，the CROand us should be signed.This assures that the CROis obliged to pay to us.Especially in case of insolvency of the exporter your／our position is strengthened by such an agreement.
If such an agreement is not enforceable with the CRO，we recommend a security assignment between your exporter and you，as Export Factor.This assures that all contractual claims against the CRO are transferred to you.