- De Boorder Familie- en Erfrecht Advocaten & Mediators is a partnership under Dutch law that consists of private companies with limited liability (hereinafter called: De Boorder). A list of the private companies with limited liability that are members of the partnership will be sent on request. These private companies with limited liability as well as the lawyers working for De Boorder comply with the requirements imposed by the Dutch Bar.
- All assignments are accepted and carried out exclusively by or on behalf of De Boorder. The sections 7:404, 7:407(2) and 7:409 of the Civil Code shall not apply.
- These general conditions have also been prepared for the benefit of the members of the partnership, the managing directors of the private companies with limited liability as well as the persons who work or worked, whether or not by virtue of a contract of employment, for De Boorder and the third parties engaged by or on behalf of De Boorder for the performance of the assignment.
- De Boorder shall be at liberty to have any granted assignments carried out under its responsibility by the members of the partnership, the lawyers and other employees in the paid employment of De Boorder, as the occasion arises with engagement of third parties.
- In the performance of the assignment granted to it, in the performance of all work and in the selection of other persons to be engaged by it, De Boorder shall observe the care of a good contractor. De Boorder shall not be liable for shortcomings of these third parties, bar wilfulness or gross negligence of De Boorder.
- Any liability of De Boorder and of all the persons that work for or on behalf of it shall be limited to the amount that is paid out in the relevant case on the strength of the liability insurance taken out by De Boorder. Particulars about the insurance are available on request.
If and in so far as no payment on the strength of insurance should be made, any liability shall be limited to the amount billed and received by De Boorder in the relevant case, to a maximum of EUR 50,000. The members of the partnership, its officers, and also all the persons who work or worked for De Boorder shall never be personally bound or liable. The personal liability of the lawyers working at the office of De Boorder, (legal) employees and partners/shareholders (and their practice partnerships) shall be explicitly excluded. Only De Boorder is liable for any errors made in the execution of the task. Liability for indirect damage or subsequent damage shall be excluded under all circumstances.
- De Boorder shall be notified, with written justification, of any claims in relation to appropriate liability of De Boorder immediately, and at the latest 6 months after the contracting party has identified grounds for liability vis a vis De Boorder or could reasonably have been expected to do so, on penalty of this right being rescinded.
- De Boorder shall be empowered to accept possible liability limitations of third parties, as referred to in article 6, on behalf of the client. Any liability of De Boorder for a shortcoming of a third party shall be limited to the amount that the client could have received in the event of a direct claim on that third party.
- On the grounds of the Act preventing money laundering and the financing of terrorism (Wwft), De Boorder is obliged to notify the Financial Intelligence Unit (FIU-Netherlands) of any unusual transactions as defined in law. De Boorder, on the grounds of the Wwft, is authorised to commence work after completing the procedure set out in law to identify the client and any related interested parties. De Boorder shall not be liable for damage that is or shall be suffered by a contracting party as a result of or in relation to an unlawful report made in the context of the Wwft, unless there is a case of a deliberate act or gross negligence on the part of De Boorder. Nor shall De Boorder be liable for damage that is or shall be suffered by a contracting party as a result of the fact that De Boorder is unable to complete the identification procedure as set forth in the Wwft, unless there is a case of a deliberate act or gross negligence on the part of De Boorder.
- Payment of invoices of De Boorder must be made, without suspension or set-off, within fourteen days after the invoice date. Except in case of immediate written objection of the client, De Boorder and its Stichting Derdengelden [Trust Account Foundation] shall be entitled to set off moneys to be received for or from the client with or to use them for payment of any amounts that the client owes De Boorder.
- If the Contracting party has not paid within the term stipulated previously, or within the further agreed term, he shall be in default in law, and De Boorder without further summons or notice of default, may apply the statutory rate of interest from the expiry date to the date of full payment, without prejudice to the further rights of De Boorder. All (extra) legal costs that relate to the collection of expenses, with a minimum of 15% of the amount to be collected, shall be for the account of the contracting party, with a minimum of EUR 250. The legal costs are not limited to the nominal amount awarded by the court and in the event the court finds the client to be at fault (or predominantly so), the full costs will be for the account of the client.
- De Boorder, before commencement of the works and in the interim, retains the right to suspend the work until the moment that the contracting party provides a reasonable advance for the work to be carried out to De Boorder, or has provided a form of surety. De Boorder is authorised to suspend all compliance with its obligations until the moment at which all outstanding claims have been settled in full by the contracting party. A claim and/or complaint regarding the work (to be) carried out and/or the fee amount must be reported to De Boorder within 14 days of the dispatch date of the documents or information which is being disputed by the contracting party. A claim shall not lead to the suspension of the contracting party’s payment obligations. If the claim is not reported in good time, all of the contracting party’s rights in relation to this claim shall be rescinded.
- De Boorder shall be entitled to make interim changes in the hourly rate used by it and in the travel expense allowance used by it for trips by car or train.
- De Boorder has an internal complaint regulation that is applicable to every assignment. Also, De Boorder is a participant of the Lawyers Complaint and Disagreement Scheme. A complaint must be submitted within 3 months of the complainant becoming aware or the moment at which he could reasonably have been expected to become aware, of the process or failure which has given rise to the complaint, on penalty or the relevant rights being rescinded. If De Boorder does not succeed in resolving possible issues on the manner in which the work was conducted with the client himself, then the client can turn to the Geschillencommissie Advocatuur [Lawyers Disagreement Committee]. All the disagreements as a direct result of the creation and/or performance of our services, including disagreements on the invoices, will be settled according to the Regulation of the Lawyers Disagreement Committee. Should the disagreement concern the assignment by a private client, the Regulation provides a binding opinion, unless the client, within a month after the conclusion of the complaint by the lawyer turns to the civil judge. In case of collection of a claim against a private client, then there will only be a binding opinion if the client will place the money claimed in escrow with the Disagreement committee. If he fails, then on the collection arbitration will apply. If the assignment was given by a professional client, then the Regulation contains an arbitration clause.
- These general conditions have been drawn up in the Dutch and English languages. In the event of a conflict about the contents or tenor of these general conditions the Dutch text shall be binding.
- These general conditions have been filed at the court registry of the District Court of Amsterdam and have been included in the website of De Boorder: deboorderadvocaten.com
Amsterdam, April 2019