GENERAL TERMS AND CONDITIONS OF ACHTERHOEK ADVOCATUUR
- R. de Lange LLM (A12416) runs a law firm under the trade name Achterhoek Advocatuur.
- These General Terms and Conditions apply to all work performed or to be performed by or on behalf of Achterhoek Advocatuur and to all legal relationships of Achterhoek Advocatuur with third parties. The applicability of the client’s general purchase conditions or other general conditions is expressly excluded.
- With regard to the legal relationship with Achterhoek Advocatuur, the client is deemed to have irrevocably elected domicile at the address stated at the time of commencement of the assignment.
- The applicability of Sections 7:404 and 7:407(2) of the Dutch Civil Code is expressly excluded.
- If third parties must be engaged in connection with the work assigned to Achterhoek Advocatuur, Achterhoek Advocatuur will, if and insofar as possible, consult with the client in advance and Achterhoek Advocatuur will exercise due care in the selection of these third party contractors. Achterhoek Advocatuur is not liable for errors or shortcomings of such a third party in the performance of its services. Achterhoek Advocatuur is entitled to accept on behalf of the client any limitation of liability that such a third party may have stipulated.
- The advice provided by Achterhoek Advocatuur never relates to the tax aspects of any acts or omissions, unless the client receives a written notification to the contrary from Achterhoek Advocatuur.
- Any liability of Achterhoek Advocatuur for work performed or to be performed by or on behalf of Achterhoek Advocatuur or otherwise in connection with an assignment given to Achterhoek Advocatuur, shall be limited to the amount to which an entitlement exists in the case concerned under the professional liability insurance taken out by Achterhoek Advocatuur, increased by the amount of the deductible which, in the case concerned, is for the account of Achterhoek Advocatuur pursuant to the terms and conditions of that insurance. If, for whatever reason, no payment is made under the professional liability insurance referred to above, the liability referred to above shall be limited to € 100,000. The limitation of liability described in this article also applies in the event that an order may have been wrongly refused and damage may result therefrom.
- All claims of clients lapse if Achterhoek Advocatuur has not held Achterhoek Advocatuur liable in writing within 365 days after the client was aware or could reasonably have been aware of the facts on which it bases its liability.
- Except in the event of intent or gross negligence on the part of Achterhoek Advocatuur, the client indemnifies Achterhoek Advocatuur for and against, and the client shall indemnify Achterhoek Advocatuur in respect of, all claims, claims and legal actions that a third party may at any time have or bring against Achterhoek Advocatuur and that directly or indirectly result from or are connected with the activities or services performed or to be performed by Achterhoek Advocatuur for the client or that are otherwise connected with the client’s assignment to Achterhoek Advocatuur, including damage, costs and expenses that Achterhoek Advocatuur suffers or incurs in connection with such claim, action or legal action.
- Unless otherwise agreed, the client shall owe Achterhoek Advocatuur a fee calculated on the basis of the number of hours spent multiplied by the applicable hourly rates as determined from time to time by Achterhoek Advocatuur. In addition to the fee, the client is obliged to pay Achterhoek Advocatuur the out-of-pocket expenses that Achterhoek Advocatuur pays on behalf of the client, and a fee for fixed law firm expenses (such as postage, telephone, fax and photocopies), which is set at a percentage of the fee. All amounts due, plus the turnover tax due thereon, will be charged.
- The invoices of Achterhoek Advocatuur must be paid within fourteen days after the invoice date. In the event of late payment, Achterhoek Advocatuur has the right to charge statutory interest on the unpaid amount from the fifteenth day after the invoice date. In this case Achterhoek Advocatuur is also entitled to suspend the activities. In the event of (extra)judicial collection, the client will owe the actual collection costs incurred by Achterhoek Advocatuur, in addition to the principal sum and the default interest. The extrajudicial collection costs shall amount to at least 10% of the principal sum. The legal costs are not limited to the legal costs to be liquidated, but will be entirely for the account of the client if he is (to a large extent) ruled against.
- In response to a request to that effect from Achterhoek Advocatuur, which can be made both prior to and during the execution of the assignment, the client will either pay an advance (which can be set off against the final invoice) or provide security for the fulfilment of his payment obligations. Achterhoek Advocatuur is entitled to suspend its activities until the advance payment has been made.
- No proceedings shall be commenced by Achterhoek Advocatuur, or defence shall be conducted without the client having paid Achterhoek Advocatuur an advance on the fee, or an advance on the personal contribution to be determined by the Council for Legal Aid, to be assessed by Achterhoek Advocatuur, as well as the court fees owed by the client to the judicial body in connection with the proceedings.
- The legal relationship between Achterhoek Advocatuur and the client or other third party is governed by and subject to Dutch law.
- All disputes arising from or in connection with the work performed or commissioned to Achterhoek Advocatuur by or on behalf of Achterhoek Advocatuur and/or the legal relationship with the client or other third party shall be subject to the exclusive jurisdiction of, and shall be decided exclusively by, the competent court in Arnhem, without prejudice to the right of appeal and appeal in cassation.
- The provisions and conditions contained in these General Terms and Conditions have also been made and stipulated for and on behalf of the partners of Achterhoek Advocatuur, the directors of those partners and all persons who work or worked for Achterhoek Advocatuur, whether as partners, employees, consultants, third parties or in any other capacity.
- These General Terms and Conditions have been drawn up in the Dutch language. If Achterhoek Advocatuur provides a translation of these terms and conditions, the Dutch version shall prevail.
These conditions have been filed with the Chamber of Commerce Gelderland.