GENERAL TERMS AND CONDITIONS
- These General Terms and Conditions apply to any instructions given to Lunenberg advocaten and to all legal relation-ships arising therefrom. The applicability of any of the client’s general or other terms and conditions is explicitly rejected.
- All instructions will be deemed to have been given to, accepted by and carried out by Lunenberg advocaten exclusively, even if the intention is for instructions to be executed by one or more specific person(s) affiliated with Lunenberg advocaten. The effect of Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is excluded. In these General Terms and Conditions, “persons affiliated with Lunenberg advocaten” means any legal or natural person that is or has been employed by or on behalf of Lunenberg advocaten or one of its group companies, as an employee or otherwise.
- These General Terms and Conditions apply in full to all persons affiliated with Lunenberg advocaten and all third parties engaged by Lunenberg advocaten for the execution of any instructions, or that can or could be held liable in relation thereto. All that is stipulated in these General Terms and Conditions for the benefit of Lunenberg advocaten applies to them as an irrevocable and gratuitously made third-party clause within the meaning of Article 6:253 of the Dutch Civil Code.
- The client indemnifies Lunenberg advocaten and all persons affiliated with Lunenberg advocaten for the consequences of claims by third parties arising from or related to the execution of instructions, including any costs of legal support, unless the claim is a result of a professional error on the part of Lunenberg advocaten.
- Under current legislation Lunenberg advocaten must – among other things – verify the client’s identity, establish whether any unusual transactions have been made or are planned and, when necessary, notify the relevant authorities of such activities without informing the client. The client confirms it is aware of, and agrees to, the foregoing and that it will provide all required information.
- Under current legislation Lunenberg advocaten is required to report certain cross-border arrangements to the relevant authorities. In certain circumstances this duty to report may rest with the client.
- Lunenberg advocaten may engage third parties for the execution of instructions. If Lunenberg advocaten engages a third party, Lunenberg advocaten is not liable towards the client for any mistakes made by this third party. Lunenberg advocaten may accept stipulations restricting liability used by such third parties on behalf of the client as well.
- The client agrees that Lunenberg advocaten may use digital means of communication and data storage services, whether or not offered by third parties, for the purpose of communication. Lunenberg advocaten cannot be held liable for damage or loss ensuing from the use of such services.
- In the context of executing instructions, Lunenberg advocaten and the Lunenberg advocaten Third-Party Fund Foundation (the “Foundation”) (Stichting Beheer Derdengelden Lunenberg advocaten) may hold client funds or third-party funds for safekeeping and deposit them in a bank of their choosing. They cannot be held liable if this bank does not meet its obligations. The client indemnifies Lunenberg advocaten, the Foundation and the persons affiliated thereto against all claims arising from or related to the possible insolvency of the bank or financial institution at which these funds are deposited or their failure to meet their obligations.
- Unless agreed otherwise, the fee owed to Lunenberg advocaten will be calculated on the basis of the hours spent executing the instructions, multiplied by Lunenberg advocaten’s rates, which will be adjusted from time to time and are based on the seniority, expertise and experience of the persons in question. Additional costs incurred in relation to the instructions will be charged separately. To cover general office costs, a fixed percentage of the fee will be charged.
- The applicable VAT and other compulsory taxes, surcharges and similar increases will be added to all amounts charged by Lunenberg advocaten. Invoices must be paid within seven (7) days of the invoice date. If payment is not made within this time, Lunenberg advocaten may, without further notice, exercise its right to charge the client statutory interest. Lunenberg advocaten may at all times request an immediately payable advance for work carried out or to be carried out and suspend or end its services if the client does not pay an invoice for advance payment on time.
- Any liability arising from or related to the execution of instructions is limited to the amount paid out under the liability insurance cover taken out for the incident in question, plus the applicable excess. Any claim for damages will expire one year after the date on which the client is informed of possible loss or damage and will in any event lapse after three years. If no payment is made in the case in question under the professional liability insurance taken out by Lunenberg advocaten, the liability of Lunenberg advocaten is limited to an amount of five thousand euros (EUR 5,000.–), irrespective of the legal ground.
- Lunenberg advocaten’s services are governed by the complaints procedure for lawyers (‘Kantoorklachtenregeling advocatuur’) and the applicable procedures of the ‘Geschillencomissie advocatuur’. These procedures can be found at www.lunenbergadvocaten.nl and www.degeschillencommissie.nl/english.
- The legal relationship between Lunenberg advocaten and a client and any claims for liability are governed by the laws of the Netherlands. Unless provided otherwise in section 14, all disputes will be submitted exclusively to the competent court in Zutphen.
- These General Terms and Conditions are available in Dutch and English and can be viewed at www.lunenbergadvocaten.nl. In the event of a dispute on their contents or intention, only the Dutch version is binding.