Registered with Amsterdam Chamber of Commerce, number: 34337486
1. These general terms and conditions apply to all assignments by a client (Client) which have been accepted by the Attorney, including additional and subsequent assignments, unless and then to the extent that amendments have been agreed upon in writing between the Attorney and the Client. The Attorney does not accept the applicability of any general terms and conditions of the Client.
2. The liability of the Attorney arising from the performance of an assignment is limited to the amount that in the case concerned will be actually paid out under the Attorney’s liability insurance, plus the amount that, on the basis of the “own risk” of the Attorney under said insurance, will be for the account of the Attorney. In the event that said insurance does not provide coverage, the liability of the Attorney will be limited to maximally the amount of the fees charged for the matter concerned. A copy of the liability insurance policy is available for inspection at the secretariat of the Attorney and will be sent to the Client at his first request. Any claims against the Attorney will forfeit within 12 months from the date of their incurrence.
3. The Attorney may hire subcontractors to assist with the performance of an assignment by the Client, including but not limited to, bailiffs, foreign attorneys and other domestic or foreign attorneys or advisers. When subcontracting, the Attorney will exercise due care. The Attorney will discuss any subcontracting as much as possible beforehand with the Client, except as regards, court officers or process servers. Every own liability of the Attorney for a breach or non performance by a third party is disclaimed. To the extent subcontractors limit their liability for professional mistakes, the Attorney is allowed to accept such a disclaimer on behalf of the Client. Said subcontractors include attorneys, bailiffs and other service providers hired by the Attorney within and without the Netherlands.
4. The Attorney will carry out the assignment exclusively on behalf of the Client. Third parties cannot claim any rights with respect to the performance of the assignment. The Client will indemnify the Attorney from any claims by third parties in this respect.
5. In addition to the Attorney, any subcontractors, employees or other third parties who have been hired to perform part or all of the assignment by the Attorney, irrespective of whether they are still employed by the Attorney, may invoke these conditions.
6. In consideration for the performance of the assignment, the Client owes the Attorney the agreed upon fee, to be increased with out of pocket expenses, a charge for the reimbursement of general office expenses and Value Added Tax. The Attorney will not commence the performance of an assignment until after he has received a down payment from the Client. The down payment will be offset with the final invoice.
7. Invoices must be paid on the date mentioned in the invoice in the way indicated by the Attorney. When payment is overdue, the Client, without need for a reminder, will be deemed to have breached his payment obligation, and forfeit statutory interest. The Attorney will be entitled to offset any invoices, even if they are not payable yet, with any amounts that the Attorney is holding on behalf of the Client, even if these amounts are deposited with the Foundation Third Party Payments, with the Attorney or with third parties. The Client hereby grants an irrevocable power of attorney to the Attorney and said foundation to that effect. The Attorney will at any time be entitled to claim security for the payment of fees, out of pocket expenses, general office expenses and Value Added Tax.
8. The relationship between the Attorney and the Client is governed by Dutch law. Any disputes between them will be adjudicated by the competent judge of the district court in Haarlem, The Netherlands.
9. The Attorney cannot receive any ‘derdengelden’. This has been notified to the “Deken”of the Haarlem.
10 A copy of these conditions has been deposited with the district court in Haarlem.