Algemene voorwaarden

Dordrecht
registered under no. AL 24/2004 at the District Court at Dordrecht

  1. De Koning Advocaten is the tradename of De Koning Juristen B.V., a limited liability company whose purpose it is to conduct the practice of attorney and civil law notary, in the broadest sense of the word. This practice is also conducted through persons, who are engaged by De Koning Advocaten in the performance of the assignments of its clients.
  2. These General Conditions are also applicable to supplemental and further assignments of clients. They are available in the Dutch and English language. In the case of any discrepancy as to the contents and purport of these conditions, the Dutch text will prevail.
  3. Not only De Koning Advocaten, but also all those who are involved in the performance of any assignment of a client, can invoke these General Conditions. The same applies to former associates including their respective heirs, if they are held liable after they have terminated their practice with De Koning Advocaten.
  4. All client assignments are considered by De Koning Advocaten to have been given to it as an organization, even if it is the express or implicit intent that an assignment will be performed by a specific person. The operation of article 7:404 of the Dutch Civil Code, which addresses the last mentioned case, and the operation of article 7:407 paragraph 2, which creates a joint or several liability in those cases in which an assignment is given to two or more persons, is excluded.
  5. If, in the context of the performance of an assignment of a client, an event occurs which leads to liability, then such liability will be limited to the amount or amounts, to which the professional liability insurance taken out by De Koning Advocaten provides coverage including the deductible which De Koning Advocaten carries in connection with such insurance. Such event includes a failure to act.
    The limited liability described in the first and second paragraphs does not apply in the case of intent or gross culpability on the of De Koning Advocaten and/or her subordinates including, amongst others, lawyers and solicitors affiliated with De Koning Advocaten.
    If, by or in connection with the performance of an assignment of a client or otherwise, damage is caused to persons or property, for which De Koning Advocaten is liable, then the liability will be limited to the amount or amounts, to which the third party indemnity insurance taken out by De Koning Advocaten provides coverage including the deductible which De Koning Advocaten carries in connection with the insurance.
  6. It is possible that persons engaged in connection with the performance of an assignment of a client may wish to limit their liability in connection therewith. De Koning Advocaten proceeds from the assumption and stipulates hereby that all assignments given to it by clients include the authority to accept such a limitation of liability also on behalf of those clients.
  7. If the performance of an assignment of a client entails the engagement of a person, who has no connection to De Koning Advocaten and is not involved in a cooperation entered into by De Koning Advocaten, De Koning Advocaten shall not be liable for failures of such person in connection with its services in the context of the performance of the assignment.
  8. The scale of fees is indexed annually. All invoices presented by De Koning Advocaten must be paid within 15 days of the invoice date. If this term is exceeded, the client is in default and an interest charge for late payment, equivalent to the current legal rate of interest, shall be owed. If De Koning Advocaten are compelled to take measures to recover the amount owed from the client who is in default, the collection costs - including a minimum of 15% of the outstanding amount - are for the account of the client.
  9. The relationship between De Koning Advocaten and its clients will be governed by Dutch law.
  10. All disputes that may arise pursuant to the establishment and/or execution of our services, including all invoice disputes, can be arbitrated according to the Reglement Geschillencommissie Advocatuur (legal dispute regulatory commission). These regulations effect arbitration on the condition that in certain cases a choise can also be made for binding advice for a decision. If requested De Koning Advocaten will provide the client with the necessary information concerning both regulations.

    11. 28 september 2004