General Terms and Conditions
- Bronsgeest Deur Advocaten is a public company incorporated under Dutch law with its registered office in Amsterdam. A list of persons holding shares in Bronsgeest Deur Advocaten trough their respective professional corporation and who are also referred to as “partners”, will be provided upon request.
- These General Terms and Conditions apply to all activities performed or to be performed by or on behalf of Bronsgeest Deur Advocaten and to all its legal relationships with third parties and shall also apply to a client’s supplementary and follow-up instructions.
- In addition to Bronsgeest Deur Advocaten, all persons engaged in the execution of any instructions of a client, irrespective of whether they are still working for Bronsgeest Deur Advocaten, are entitled to rely on these General Terms and Conditions. These General Terms and Conditions also apply to managing directors of the private limited companies mentioned in article 1.
- Bronsgeest Deur Advocaten is the sole contractor in respect of all activities. All assignments are exclusively accepted and performed by Bronsgeest Deur Advocaten, even if it is the client’s explicit or implied intention that instructions shall be carried out by a specific attorney. The applicability of Articles 404 and 407(2) of the Dutch Civil Code is explicitly excluded.
- If the activities assigned to Bronsgeest Deur Advocaten involve the engagement of third parties, Bronsgeest Deur Advocaten, if and insofar as possible, will consult with the client in advance, except in instructing bailiffs or trial lawyers. Bronsgeest Deur Advocaten will observe due care in selecting such third-party contractors. Bronsgeest Deur Advocaten is not liable for errors or shortcomings of any such third party in the performance of its services. Bronsgeest Deur Advocaten has the right to accept a limitation of liability stipulated by any such third party on behalf of the client. Third parties referred to in this article include attorneys practising outside the Netherlands, bailiffs and others, engaged by Bronsgeest Deur Advocaten.
- Any liability on the part of Bronsgeest Deur Advocaten for activities performed or to be performed by or on behalf of Bronsgeest Deur Advocaten is limited to the amount for which there is entitlement in the relevant matter under the professional liability insurance policy or policies concluded by Bronsgeest Deur Advocaten, increased by the amount of the deductible (eigen risico) which, under the conditions of the insurance policy or policies, is for the account of Bronsgeest Deur Advocaten in the relevant matter. If for any reason whatsoever no payment is made under the terms of the professional liability insurance policy, the liability of Bronsgeest Deur Advocaten will be limited to an amount not exceeding the fee charged and paid in the case concerned, with a maximum of EUR 50,000. This limitation does not apply in the case of wilful intent or gross recklessness.
- All rights of claim and other powers that the client has for whatever reason vis-à-vis in relation to the performance of the work carried out by Bronsgeest Deur Advocaten need to be addressed by the client on the shortest term possible and will, in any event, lapse one year after the date on which the client became aware or could reasonably have been aware of the existence of these rights and powers. In all cases, the aforementioned rights and other powers lapse two years after the performance of the work by Bronsgeest Deur Advocaten.
- Other than the event of wilful intent or gross negligence on the part of Bronsgeest Deur Advocaten, the client indemnifies Bronsgeest Deur Advocaten from and against any claims, rights and causes of action a third party may have or may lodge against Bronsgeest Deur Advocaten at any time and that directly or indirectly ensue from or are connected with the activities or services performed or to be performed by Bronsgeest Deur Advocaten for the client or that are otherwise related to the client’s assignment to Bronsgeest Deur Advocaten, such inclusive of loss, damage, costs and expenses suffered or incurred by Bronsgeest Deur Advocaten in connection with any such claim, right or cause of action.
- The assignment may be terminated by either the client or Bronsgeest Deur Advocaten, optionally with immediate effect, by giving notice in writing. Upon giving notice to terminate the assignment, the client will be obliged to pay the fees for the work carried out until the date the assignment is terminated.
- Unless agreed otherwise, the fee payable by the client to Bronsgeest Deur Advocaten will calculated on the basis of the number of hours worked, multiplied by the applicable hourly rates as determined by Bronsgeest Deur Advocaten from time to time. The fees are exclusive of VAT and exclusive of all other expenses incurred with regard to the assignment among which, but not limited to, all travelling and accommodation costs, court expenses and other disbursements.
- The monthly invoices of Bronsgeest Deur Advocaten must be paid within fourteen (14) days after the invoice date. In the event of failure to pay in good time, Bronsgeest Deur Advocaten has the right to charge the statutory interest on the unpaid amount as from the fifteenth (15th) day after the invoice date. If a party other than the client is to pay for the work, the client will remain fully liable for this debt. All costs made by Bronsgeest Deur Advocaten to realize payment by the client will be charged to the client in accordance with the rates defined by the Dutch Bar Association.
- The legal relationship between Bronsgeest Deur Advocaten and the client or other third party is governed exclusively by and subject to Dutch law.
- Any disputes arising from or in connection with the activities performed by or on behalf of Bronsgeest Deur Advocaten and/or these General Terms and Conditions are subject to the exclusive jurisdiction of the competent court in Amsterdam.
- These General Terms and Conditions have been drawn up in Dutch and in English. In the event of any disparity or contradiction between the Dutch text and the English text of these General Terms and Conditions or any difference in their construction, the General Terms and Conditions drawn up in Dutch will prevail.
Amsterdam, April 2012
These General Terms and Conditions were filed at the registry of the District Court of Amsterdam on 22 August 2012 under number 78/2012.