Terms and Conditions
Terms and Conditions
DE KONING ADVOCATEN
Dordrecht
registered at the District Court at Rotterdam
under no. 14/2015
Dordrecht
registered at the District Court at Rotterdam
under no. 14/2015
- These General Terms and Conditions apply to all assignments to De Koning Advocaten B.V. (‘De Koning Advocaten), also to supplemental and further assignments of its clients.
- These General terms and Conditions are in both Dutch and English. In the event of any discrepancy between the Dutch and English versions, the Dutch version shall prevail.
- These General Conditions may be relied on by De Koning Advocaten and each person associated with De Koning Advocaten, including but not limited to any legal successor under universal title of any person associated with De Koning Advocaten, any person formerly associated with De Koning Advocaten, and any legal successor under universal title of a person formerly associated with De Koning Advocaten. “Person associated with De Koning Advocaten” is understood to mean any: employee, (student-) trainee, advisor, partner, subsidiary and shareholder of De Koning Advocaten.
- Any assignment by a client is given to De Koning Advocaten and not to any person associated with De Koning Advocaten. This includes any assignment from a client that is to be performed by a specific person associated with De Koning Advocaten. Sections 7:404 and 7:407 subsection 2 of the Dutch Civil Code are herewith excluded.
- If, in the course of an assignment of a client, an event occurs which leads to any liability on the part of De Koning Advocaten, such liability shall be limited to the amount that is paid out in that specific case under the professional liability insurance of De Koning Advocaten, increased by the amount of the applicable deductible (eigen risico).
- 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 shall be limited to the amount paid out in that specific case under the general professional corporate liability insurance (AVB) of De Koning Advocaten, increased by the amount of the applicable deductible (eigen risico).
- Instructions are executed exclusively for the benefit of the client giving the instructions. Unless De Koning Advocaten expressly consents in writing, no one other than the client may rely on or has any rights in connection with the result of such instructions or the manner of execution thereof.
- If for whatever reason, no amount is paid out under either of the abovementioned insurances, the liability of De Koning Advocaten shall be limited to a maximum of € 100,000.--.
- Claims for damages shall expire after a period of one year following the day on which the client became aware of the damages and of De Koning Advocaten as the liable party.
- If De Koning Advocaten engages a person not associated with De Koning Advocaten to perform an assignment from a client, De Koning Advocaten shall not be liable vis-a-vis the client for any error or omission (fout) made by such a person. By instructing De Koning Advocaten, the client gives De Koning Advocaten authority to accept on behalf of the client a limitation of liability stipulated by such person.
- The scale of fees is indexed annually. All invoices presented by De Koning Advocaten must be paid within 15 days of the invoice date. An advance payment may be requested at any time for work that has been or will be carried out. De Koning Advocaten has the right to suspend work if the client fails to pay the invoice or if an advance payment is not provided. If the term of payment is exceeded, the client is in default and an interest charge for late payment, equivalent to the current statutory interest, shall be owed. If De Koning Advocaten is compelled to take measures to recover the amount owed from the client who is in default, the collection costs - the amounts of the extrajudicial costs in conformity with the Decision compensation extra-judicial costs of recovery of payments (Besluit vergoeding voor buitengerechtelijke incassokosten) - are for the account of the client.
- Pursuant to applicable legislation, De Koning Advocaten is obliged to verify the identity of its clients and to report certain unusual transactions to the authorities in certain circumstances. By instructing De Koning Advocaten, clients confirm that they are aware of this obligation and give their permission, insofar as this is required.
- The Complaints Procedure De Koning Advocaten (Klachtenregeling De Koning Advocaten) applies to the legal relationship between De Koning Advocaten and its clients.
- Dutch law shall govern the legal relationship between De Koning Advocaten and its clients. Any dispute between De Koning Advocaten and a client shall be resolved in the first instance exclusively by the District Court (Rechtbank) of Rotterdam, the Netherlands.
Contact
Dubbelsteynlaan West 39
3319 EK Dordrecht
PO Box 9069
3301 AB Dordrecht
T: +31 78 630 00 00
F: +31 78 630 00 22
E: info@dekoningadvocaten.nl
Chamber of Commerce number
23065700
VAT number
NL009658129B01
