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General terms and conditions in the pawnbrokerage business 1. With the transfer of the pawn and receipt of the pawn ticket as well as payment of the loan, a pawn loan agreement is concluded which is subject to the regulation on the business of pawnbrokers, the other relevant regulations and these terms and conditions. 2. By handing over the pledge and accepting the pawn ticket, the pledger declares that the pledged item is his free property. 3. (1) If the lien has been validly ordered and the pledge is not released (Section 4), the pawnbroker can only satisfy himself from the pledge. (2) Insofar as the pawnbroker does not acquire a lien due to the rights of a third party, the pawnbroker has to compensate the pawnbroker for the loan, the interest noted in the pawn ticket and the expense reimbursement to be calculated up to the day of the surrender of the pawn to the authorized third party if the pawn loan agreement is valid to pay. (3) If the pawnbroker surrendered the pledge to a third party who has substantiated his right preventing the pledge, or if he has been sentenced to surrender, the lien is deemed not to have arisen. The same applies accordingly if the pawnbroker has already sold the pledge and the third party has requested replacement; if this damage is higher than the amount to be paid according to the preceding paragraph, the pledger is liable to this amount. 4. (1) Against payment of the loan including the interest and reimbursement of expenses, the pledge can be released with delivery of the pawn ticket, unless it has already been handed over to a person authorized to sell it for the purpose of realization. (2) The pawnbroker is not obliged to check the authorization of the pawnbroker to redeem the pledge, unless the pawnbroker is accused of intent or gross negligence. 5. When the loan falls due, a renewal of the pawn loan agreement is only possible against payment of the interest and expense allowance and only with the consent of the pawnbroker. 6. (1) A loss of the pawn ticket is to be reported immediately to the pawnbroker by the pledger and made credible by giving either the number of the pawn ticket or the date of the pledge and describing the pledge in more detail. (2) If the pledger makes the loss sufficiently credible, he will receive a certificate as evidence of the loss notification. The release or renewal of the deposit is then possible at any time. 7. Interest and reimbursement of expenses, which are to be calculated on a monthly basis, are also charged in full for the month that has started. The day of the pledge is only included if the pledge is released on the same day. 8. (1) If the deposit is not released or renewed, it will be used in accordance with the statutory provisions. If the exploitation has already been sufficiently publicly announced, then, if further exploitation becomes necessary, only a general reference to previously unsold pledges is required in the subsequent announcements. (2) Pledgers and pawnbrokers agree that the threat of realization, a deadline for this and notification of the time of realization - with the exception of the legally required public announcement - as well as the notification of the realization result are impractical and are therefore omitted, regardless of the law the authorized person to collect the surplus from the pawnbroker from the pawnbroker. (3) If several items are pledged through a pawn loan agreement, the pawnbroker is entitled to dispose of all the pledged items regardless of the amount of the proceeds obtained from the individual items. If the pledger has pledged an item of his business assets as an entrepreneur, the pawnbroker is entitled to offset the proceeds of the sale by means of a credit note in the event that the pledge is realized. 9. (1) The excess is due to the person entitled to redemption and is paid out against return of the pawn ticket; Section 6 applies accordingly. (2) Surplus is that part of the proceeds from the pledge that remains after deduction of the loan, interest, expense allowances and the proportionate realization costs, insofar as these are not charged by the buyer. (3) If the surplus is not collected from the pawnbroker within 2 years after the pledge has been used, it will be handed over to the competent authority and will expire: the period begins at the end of the year in which the pledge was used. The surplus will also be forfeited if the pawnbroker is allowed to satisfy himself by offsetting shortfalls and higher profits vis-à-vis the authorities. 10. (1) The pledge is insured at least twice the loan amount against fire and water damage, against burglary and robbery at the expense of the pawnbroker. (2) The pawnbroker is only liable for damage or loss to the extent of the insurance taken out with the sum insured. Any further liability, in particular for damage caused by breakage, pests of any kind or the like, is excluded, unless the pawnbroker is accused of intent or gross negligence. (3) Claims for compensation can only be made upon receipt of the deposit. Liability of the pawnbroker is excluded as soon as the deposit has been removed from the business premises and no complaints have been made about damage. 11. Checks, bills of exchange or other money orders will not be accepted as part of payment.