I.
Scope of our collection company's retention
By submitting claims, Client hereby retains Apple and Apple,Co.
(referred to below as A&A) to collect claims in their name.
The Client shall deliver to A&A all the documents that are needed
for the assertion of the claims. A&A shall be obliged and entitled
to take all measures that are suited to the collection of the claims,
in keeping with common practice and all legal requirements. Costly
steps in the collection process (i.e. Court actions) will only be
undertaken with the consent of the Client. A&A will, so far
as the law permits, carry out instructions in the name of, and as
the collection representatives of, the Client. ALL CLAIMS ARE GOVERNED
BY THE OPERATIVE GUIDES OF THE CLLA (COMMERCIAL LAW LEAGUE OF AMERICA);
See them at www.clla.org, or contact
us for copies.
II. Correspondence
After A&A has been retained to act, all future correspondence
in connection with the claims that have been submitted for collection
shall be exclusively through A&A. To ensure that the collection
process shall be properly handled, the Client agrees not to engage
in correspondence or enter into negotiations with the debtor or
any third parties. The Client shall promptly forward inquiries from
the debtor, or third parties, to A&A for us to deal with, subject
to Client’s approval. Third parties and Clients are forbidden
to use the name of A&A as a means of prompting debtors for payment.
III. Payment transactions
Payments in liquidation of the claims that A&A have been retained
to collect, together with the interest and costs incurred, are to
be made exclusively to A&A, who is hereby authorized and empowered
to receive the money. Immediately upon clearance of any funds collected,
or at the conclusion of our representation, all money received shall
be made available to the Client minus any fees or commissions to
which A&A may be entitled. Client agrees that if payment should
be made to them directly or to some third party, A&A shall be
notified immediately of the amount and date of the direct payment(s).
IV. Liability
A&A admits liability only for deliberately caused damages or
gross negligence. A&A shall in particular not be obliged to
supervise the expiration of statutory periods of limitation or to
take measures designed to interrupt or hinder the expiration of
such periods - to this extent A&A admits no liability whatever.
V. Applicable law
The contractual relationship between the Client and A&A shall
be subject to the laws and regulations of the Commonwealth of Pennsylvania.
The place of fulfillment shall be Pittsburgh, Allegheny County,
Pennsylvania, and the exclusive Court of jurisdiction shall be in
Allegheny County, Pennsylvania.
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