This is a translation of the General Conditions of Kroonen Verdult & Menheere Advocaten B.V.
1. Kroonen Verdult & Menheere Advocaten B.V., further also to be referred to as: KVM Advocaten, is a private company with limited liability established according to Dutch law and with the purpose of practicing law. A list of partners can be obtained upon request.
2. These general conditions shall be applicable, with the exclusion of any other general conditions, to all work, assignments and additional or follow-up assignments as performed by KVM Advocaten.
3. These general conditions have not only been stipulated for the benefit of KVM Advocaten, but are also stipulated for the benefit of the Partners as described in article 1 and all those involved in the performance of assignment(s) on behalf of KVM Advocaten or for whom or for which behavior KVM Advocaten could be liable.
4. All assignments are accepted and performed by KVM Advocaten only. This also applies if it is tacitly intended that an assignment will be performed by a specific individual. The provisions of Section 7:404 DCC and 7:407 (2) DCC (joint and several liability in case of multiple contractors), are not applicable.
5. It is for KVM Advocaten to decide to have the assignments under her responsibility be performed by the aforementioned Partners, the lawyers, or other personnel of KVM Advocaten or – should this be the case – by hiring a third party.
6. KVM shall not be liable for any shortcomings on the part of any third parties it may deploy and is authorized by the client to accept on its behalf any liability limitations of third parties.
7. The aforementioned Partners of KVM Advocaten, as well as her directors and all persons who work or have worked for KVM Advocaten will never be bound or be liable in person.
8. Any and all liability of KVM Advocaten – together with the excluded liability for third parties as mentioned in article 6 of these conditions – shall be limited to the amount effectively paid out by the professional liability insurance of KVM Advocaten including the excess that cannot be charged to the insurer pursuant to the conditions of the policy. The insured amount under the professional liability Insurance is € 1,000,000.00 (one million euros). Upon the explicit written request of the client this insured amount can be increased as such, at the clients expense. At the request of the client KVM Advocaten will disclose more information about the relevant insurance.
9. If, for any given reason, no payment at all will be effected by the relevant professional liability insurance, the above-mentioned liability shall be limited to twice the invoiced (and effectively paid) amount by KVM Advocaten to the client; as such with a maximum of
€ 15.000,00.
10. KVM Advocaten will never be liable for loss of profit, indirect or consequential loss or damages unless such is the result of gross negligence or deliberate misconduct on the part of KVM Advocaten.
11. Accomplishment of assignments entrusted to KVM Advocaten will exclusively take place for the benefit of the client. Third parties cannot make any claims whatsoever on the basis of any assignment accomplished for a client.
12. The costs associated with the execution of the engagement of KVM Advocaten consist of fees and the disbursements/costs, both to be increased with or without the current VAT depending on the applicable tax regime applicable .
13. Disbursements/costs consist of the actually costs made by KVM Advocaten on behalf of the client (such as court fees, bailiffs costs, travel expenses, costs of extracts, etc.)
14. Unless otherwise agreed in writing, the fee payable will be based on the number of hours worked multiplied by the hourly rates.
15. The hourly rates will be determined by KVM Advocaten. KVM Advocaten is entitled to amend the professional fees as charged periodically to a maximum of once per year. Should KVM Advocaten raise the fees with more than 10% at once, or within 3 months after the beginning of the assignment, the client will be entitled to terminate the assignment. This privilege will end as soon as the first term of payment of the first invoice after the raising of the fees has passed.
16. The services of KVM Advocaten are subject to the Dutch (value added) tax rules according to the general tariff. The hourly rates given by KVM Advocaten are, unless explicitly stated otherwise, without adding value added tax.
17. In principle the client will be invoiced on a monthly basis. KVM Advocaten can however invoice disbursements to the client in between those regular invoicing periods.
18. Invoices of KVM Advocaten will become due fifteen days upon invoice date. Any or all suspension or compensation is excluded. Should payment not be made within this period KVM advocaten may charge statutory interest as well as – after reminding the client – the extrajudicial costs which will at least be 15% of the amount which is due with a minimum of € 50,00. The cost of any proceedings will be for the clients expense in full in case the claim of KVM Advocaten will be granted.
19. KVM Advocaten will at all times be entitled to request a deposit as security for the payment of its invoices. The deposit will be set of with the final invoice of KVM Advocaten.
20. KVM Advocaten has the right to suspend the assignment after informing the client in case of invoices which remain unpaid after the relevant payment period has passed. KVM Advocaten will not be liable for any damages which will occur by this suspension.
21. Should two or more clients have given KVM Advocaten the assignment they are all joint and severable liable to perform all obligations to KVM Advocaten in full. The confirmation of the assignment as sent by KVM Advocaten will be leading to determine who is to be considered client of KVM Advocaten.
22. KVM Advocaten shall keep files in her archives for five years after termination of its services. After this period KVM Advocaten will be entitled to destroy the file and the containing documents without further notice.
23. The legal relationship between the client and KVM Advocaten shall be governed by Dutch law. Disputes shall only be settled by the District Court of Rotterdam. Notwithstanding this condition KVM Advocaten being the plaintiff can choose the court that is competent according to applicable law and regulations. Claims for damages do lapse when not filed at the competent court or institution within one year after discovery.
24. All the provisions in these general terms and conditions shall also apply –next to KVM advocaten – to all parties involved in performing the assignment of KVM Advocaten.
25. The general conditions are drafted in the Dutch and English language. In the event of any difference in the contents or tenor, the Dutch text shall be binding.