General Terms and Conditions of
the private limited company Drijber en Partners B.V.
Article 1 – The Company
The private limited company Drijber en Partners B.V., hereinafter: “the Company”, has as its objective the practice of law, the practice of the profession of lawyer, as well as the exercise of the functions of trustee, administrator, liquidator, executor, arbitrator, binding advisor, and mediator.
Article 2 – The Assignment
2.1 All assignments are concluded exclusively with the Company and are carried out exclusively by the Company, setting aside Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code.
2.2 Assignments to the Company lead to obligations of best efforts, not to obligations of result.
2.3 Deadlines agreed upon with the Company in the context of provided assignments apply as target dates, not as final deadlines.
2.4 The client is responsible for the accuracy and completeness of the information provided by them to the Company.
Article 3 – Liability
3.1 Any liability, contractual and non-contractual, of the Company as well as its directors, its employees, and the persons/third parties engaged by the Company in the execution of the assignment is limited to the amount paid out to the client in the relevant case under the professional liability insurance of the Company, increased by the applicable deductible. If and insofar as, for whatever reason, no payment should take place under the aforementioned insurance, any liability is limited to a maximum amount of €25,000.00 or, if the fee charged and paid by the Company is higher, to an amount equal to the paid fee with a maximum of €50,000.00.
3.2 The execution of the provided assignment is carried out exclusively for the benefit of the client. Third parties cannot derive any rights from the content of the work performed and/or advice provided to the client.
Article 4 – Lapse of Right to Compensation
Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, the
right to compensation shall in any case lapse 12 months after the event or omission from which the damage directly or indirectly arises and for which the Company is liable, but in any case five years after the date of the last invoice.
Article 5 – Indemnification
The client indemnifies the Company against claims from third parties who state they have suffered damage through or because of work performed and advice provided by the Company on behalf of the client.
Article 6 – Engagement of Third Parties
When engaging third parties, the Company will consult with the relevant client in advance as much as possible and observe due care in the selection of third parties. The Company is not liable for shortcomings of these third parties. If an engaged third party wishes to limit his/her liability, the Company is authorized, also on behalf of the client, to accept this limitation of liability, or at least to invoke it against the client.
Article 7 – Invoicing
7.1 The Company invoices its work based on time spent and the hourly rate applicable to the assignment (the fee), increased by so-called disbursements. The hourly rates to be used by the Company are determined annually (starting January 1) by the Company. Unless expressly agreed otherwise, the Company is also authorized to change the applicable hourly rate during the term of the assignment.
7.2 Disbursements consist of the costs incurred that have been charged to the Company on behalf of the client in the context of the assignment and paid by the Company (such as court fees, bailiff costs, travel expenses, costs of extracts). All mentioned amounts are exclusive of VAT.
7.3 The Company may require an advance payment from the client before the assigned work is commenced. An advance payment will be settled at the end of the assignment, unless otherwise agreed.
7.4 Unless the nature of the service provision dictates otherwise or unless further agreement is made, the Company invoices monthly. Payment of the Company’s invoices must be made without suspension or set-off within fourteen days of the invoice date. Thereafter, interest of 1% per month is due.
7.5 Judicial and extrajudicial costs related to the collection of invoices are for the account of the client.
7.6 The Company has a right of retention on everything it has in its possession for the client as long as the client has not paid the invoice, or has not paid it in full.
7.7 The Company has the right to suspend its work for the client if the client remains in default of full payment of the invoice despite a reminder.
Article 8 – Retention Obligation
The file formed by the Company for an assignment will be kept for ten (10) years after the end of the assignment. Thereafter, the Company may destroy it or have it destroyed. Any original documents belonging to the client will be returned to the client before or upon termination of the assignment, or as soon as possible thereafter. An administrative fee is due for the provision of extra copies of any file document during the stated retention period.
Article 9 – Complaints and Dispute Resolution
Our firm has an office complaints procedure, which will be provided to you with the assignment confirmation. The applicability of the office complaints procedure is established by signing the assignment confirmation to be sent to you by us, in which the procedure is referred to. The office complaints procedure contains both an internal complaints procedure and the conditions under which complaints can be submitted to the Geschillencommissie Advocatuur (Dutch Foundation for Consumer Complaints Boards for the Legal Profession).
Article 10 – Miscellaneous
10.1 Deviations from these general terms and conditions are only valid if they have been recorded in writing between the Company and the client.
10.2 Dutch law applies to the legal relationship between the Company and the client.
10.3 These general terms and conditions are also stipulated for the benefit of the directors of the Company and all persons/third parties working for the Company. Their applicability remains in effect if the aforementioned directors and/or persons are no longer working for the Company.
10.4 These general terms and conditions apply to all assignments, both existing and future, granted by the client to the Company.