General terms and conditions
in the pawnbroking industry

1. Any general terms and conditions of the pledger that conflict with or supplement these general terms and conditions are not recognized and therefore do not become part of the contract.
2. The pledger declares that the pledged item is his sole property, that it is free of encumbrances, and that he has unrestricted disposal of it.
3. If the lien has been validly established and the pledge is not redeemed, the pawnbroker can only satisfy himself from the pledge.
4. 1. The pawnbroker is not obligated to verify the pawn ticket holder's entitlement to redeem the pledge, unless the pawnbroker is guilty of willful intent or gross negligence.
   2. The pledge can be redeemed upon payment of the loan, interest, and business expenses by submitting the pawn ticket. It will be realized no earlier than one month after the entire loan becomes due. An extension of the pawn loan agreement is only possible upon payment of the interest and business expenses and only with the pawnbroker's consent.
5. An extension of the pawn loan agreement is only possible against payment of interest and operating costs and only with the pawnbroker's consent.
6. The pledger must immediately notify the pawnbroker of any loss of the pawn ticket and provide credible evidence of this.
7. Interest and operating costs, which are calculated monthly, will be charged in full for the month in question. The day of the pledge is only included if the pledge is redeemed on the same day.
8. 1. If the pledge is not redeemed or extended, it will be realized in accordance with the statutory provisions.
   2. The pledger and pawnbroker agree that the threat and setting of a deadline for the realization are impractical and will therefore not be done. The same applies to notification of the time of the realization, except for the legally required public announcement. Notification of the realization result is equally impractical and will therefore also be omitted. The right to collect the surplus generated from the realization of the pawn from the pawnbroker remains unaffected by the above provisions.
   3. If the pledger, as an entrepreneur, has pledged an item of his business assets, the pawnbroker is entitled, in the event of the pledge being realized, to credit the pawnbroker with the proceeds of the pledge.
9. 1. Presentation of the pawn ticket is required for payment of the surplus.
      No. 4, paragraph 1 applies accordingly. The surplus is the portion of the proceeds from the pledge that remains after deducting the loan, interest, operating costs, the proportionate liquidation costs, and any other claims to which the pawnbroker is entitled.
   2. If the surplus is not collected from the pawnbroker within three years of the realization of the pledge, the pawnbroker is entitled to transfer the surplus to the competent authority. If the surplus is offset by shortfalls in proceeds from previous agreements with the same pledger, the pawnbroker may also satisfy itself from the surplus, even with regard to the shortfall in proceeds. The three-year period begins at the end of the year in which the pledge was realized. Upon delivery, this portion of the proceeds from the realization of the pledge expires.
10. 1. The collateral is insured at the pawnbroker's expense against fire and water damage, burglary, and robbery for at least twice the loan amount.
    2. For financial losses not covered by the insurance pursuant to paragraph 1, the pawnbroker is only liable in cases of gross negligence or intent – unless it involves a breach of a material contractual obligation.
    3. Claims for compensation, particularly for damage to the item, should be asserted upon receipt of the pledge.
11. When agreeing to a pawn loan agreement for the pledging of items containing data storage media and other storage media, the following special conditions apply in addition to the general terms and conditions of Stephan Hermann GmbH:
    
    
    1. The pledger is aware that all items pledged by him, which he neither redeems nor extends, may be sold at public auction in the same condition as they were handed over to the pawnshop.
    2. The pledger warrants that no personal or otherwise protected data is located on the items being pledged. The pledger has prevented data loss by prior backup.
    3. The pledger authorizes the pawnshop, as a precautionary measure, to delete data storage devices on pledged items that are due to be sold. The deletion of the data storage devices of the pledge may take place up to five working days before the public auction at which the pledge is scheduled to be sold. The date of the auction for the respective pledge will be publicly announced in accordance with the provisions of the Pawnbrokers' Ordinance.
    4. The pawn shop is not obligated to delete the data. Should the pawn shop nevertheless take precautionary steps to delete the data storage devices of pledged items prior to their disposal, it shall not be liable for the completeness or success of the deletion, unless there is intent or gross negligence.