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Article 1
Corten De Geer Advocaten B.V. ('CDGA'), having its registered office in Amsterdam, is a private limited liability company incorporated under Dutch law, whose object is to carry on a law practice. On request, information will be provided concerning the persons who hold shares in CDGA through their holding companies ('the partners').
Article 2
All engagements are exclusively accepted and performed by CDGA, even where the express or implicit intention is for an engagement to be performed by a specific person. The applicability of Section 7:404 of the Dutch Civil Code, which provides for the latter case, and of Section 7:407 (2) of the Dutch Civil Code, which establishes joint and several liability for the cases in which an engagement has been awarded to two or more persons, is excluded.
Article 3
The stipulations in these general terms and conditions are made on behalf of CDGA, the partners, their holding companies and all those working for those entities.
Article 4
Any liability of CDGA is limited to the amount paid out in the case concerned under the professional liability insurance concluded by CDGA, plus the amount of the deductible that is not payable by the insurer according to the insurer. lf and insofar as no pay-out should take place, for whatever reason, under the aforesaid insurance, any liability shall be limited to the amount that CDGA received from the dient for the work performed. This limitation of liability can not be invoked in case of intent or gross negligence, of the person or persons charged with the management of CDGA. lf requested, information will be provided about (the cover under) professional liability insurance concluded by CDGA.
Article 5
The selection of the third parties to be engaged by CDGA will, except tor assistance by a bailiff, to the greatest possible extent take place in consultation with the dient and with due observance of the required diligence. CDGA is not liable for failures on the part of third parties engaged by CDGA. lf applicable, CDGA is authorised by the dient to accept a limitation of liability of third parties on behalf of the client.
Article 6
The dient shall indemnify CDGA against all claims of third parties that are related in any way to the work performed for the client.
Article 7
Unless otherwise agreed, the fee will be determined on the basis of the number of hours worked multiplied by the hourly rates set by CDGA. Surcharges or higher hourly rates can be charged in connection with urgency, the specialist nature of the work or the degree of its importance. Unless expressly agreed otherwise, CDGA is authorised to adjust, even du ring the duration of the engagement, the hourly rates referred to above due to price inflation. Such an adjustment of rates shall take place on the basis of the change in the monthly price index according to the consumer price index (CPI) series for all households (2000=100), published by Statistics Netherlands (CBS).
Article 8
The time to be spent on the case and to be billed will be measured, unless agreed otherwise, per transaction and accounted for in units of at least 0.1 hours. The records of CDGA shall serve, barring proof to the contrary, as proof of the volume of work performed.
Article 9
Disbursements paid or payable by CDGA on behalf of the client (such as court fees, bailiff's costs, costs of experts, travel costs, costs of extracts) will be passed on without a mark-up and stated separately on the invoice.
Article 10
In principle, the work performed will be billed on a monthly basis. The payment term is 14 days, to be calculated from the date of the invoice. In the absence of payment within that period, the client is deemed to be in default and CDGA shall be entitled to charge the statutory commercial interest, or (for private individuals) the statutory interest. lf an invoice is not paid within the payment term, CDGA can, after informing the client of this, suspend its werk for the client concerned. CDGA shall not be liable for damage or loss arising as a result of this suspension of the werk.
Article 11
CDGA can request a payment on deposit from the client before commencing the work it has been engaged to perform. A payment on deposit will be set off at the end of the engagement.
Article 12
The Complaints and Dispute Settlement Scheme for the Legal Profession (Klachten- en Geschillenregeling Advocatuur) shall apply to all engagements awarded to CDGA. lf CDGA fails to resolve your complaint by means of internal complaints handling, complaints can be submitted to the Disputes Committee for the Legal Profession (Geschillencommissie Advocatuur). On request, further information will be provided about the Complaints and Dispute Settlement Scheme for the Legal Profession. After CDGA has responded to the complaint, the client has 12 months to submit the complaint to the Disputes Committee for the Legal Profession in The Hague. This option will lapse after the end of the period of 12 months. Notwithstanding the above, CDGA can submit its claim as a (billing) dispute to the Netherlands Bar Association (Nederlandse Orde van Advocaten) or CDGA can, in the absence of a complaint, submit the claim for collection to the competent court in Amsterdam, as the forum designated by the parties.
Article 13
All agreements between CDGA and a client shall be governed exclusively by Dutch law. In the event of a dispute that is outside the scope of the Complaints and Dispute Settlement Scheme for the Legal Profession, the competent court in Amsterdam shall have exclusive jurisdiction concerning that dispute.
