Terms and Conditions
General Terms and Conditions of Abeln Advocaten BV
1. Abeln Advocaten BV is a company with limited liability acting by that name (hereinafter referred to as: "the Company"). Upon request thereto, you will receive a list of its managing partners.
2. a. All assignments, follow-up assignments and any other activities are concluded with the Company, and all assignments are carried out by the Company, even if the assignment was granted to a specific person, putting aside Articles 7:404 and 407 paragraph 2 of the Dutch Civil Code.
b. Without prejudice to the provisions in Article 2 paragraph a, these General Terms and Conditions have been drawn up for the benefit of the Company, its
directors as well as all other persons working for the Company whether or not under a contract of employment.
3. a. Any liability of the Company shall in all events be limited to the amount paid out in such case pursuant to the professional liability insurance or other liability insurance taken out by the Company, increased by the liability amount which according to the terms and conditions of the insurance policy, shall not be payable by the insurance companies.
b. If and insofar as, for whichever reason, no pay-out would be effected pursuant to the insurance referred to, all liability shall be limited to an amount of € 50,000 (fifty thousand Euro) or, if the total amount invoiced by the Company for legal fees in the case concerned is higher, to such amount with a maximum of € 100,000 (one hundred thousand Euro).
c. A copy of the policy sheet containing the terms and conditions of the professional liability insurance is available at our office in Amsterdam.
4. The Company is entitled to call in third parties in order to carry out the assignment, including but not limited to bailiffs, attorneys and experts. The Company shall not accept any liability for shortcomings on the part of these third parties. The Company has been authorized by the client to accept liability restrictions of third parties, if any, for and on behalf of the client.
5. The assignment granted shall be carried out exclusively for and on behalf of the client. Third parties cannot derive any rights whatsoever from the work
carried out or from its result. Client is not authorized to make the result of the work by the Company available to third parties unless after written consent thereto by the Company and only if and insofar as these third parties accept the applicability of these General Terms and
6. a. The cost of carrying out the assignment by the Company consists of the actual legal fees, so-called disbursements and office expenses
b. Unless explicitly agreed otherwise between parties, or unless the nature of the assignment so determines, the legal fee shall be based on the amount of time spent and the hourly rates established by the Company.
c. Unless explicitly agreed otherwise, the Company is authorized to change the hourly rates referred to hereinabove, even when the assignment is in progress.
d. Disbursements consist of the real expenses incurred by the Company within the scope of the assignment for and on behalf of the client (such as court registry fees, bailiff fees, fees of experts and attorneys, travel expenses, cost of official extracts).
e. Office expenses shall be calculated as a flat rate percentage of 8% of the legal fees.
7. a. Bills to be sent by the Company shall be settled within fourteen days, counting from the billing date, in default of which the client is deemed to be in default.
b. If a bill is not settled within the term of payment, the Company may suspend its work for and on behalf of the client concerned, after such client has been notified of it. The Company shall not be liable for any damage caused as a result of such suspension of work.
c. Except in the event of the client's written objection by return of post, the Company and its Third-Party Funds Trust shall be entitled to balance money received for or on behalf of the client against the amount payable by the client to the Company, or to use it or have it used for the payment of
8. The Company may demand a deposit payment from the client before starting the assigned work. A deposit payment shall be set off at the end of the assignment.
9. These General Terms and Conditions are also available in Dutch and in French. In the event of discrepancy between the English or French text and the Dutch text, the Dutch text shall be legally binding.
10. All assignments granted to the Company are governed by the Complaints and Disputes Procedure of the Netherlands Bar Association. Upon request thereto, further information shall be provided with respect to this procedure.
11. All agreements between the Company and a client are exclusively governed by Dutch Law. If a dispute is not subject to the Complaints and Disputes Procedure of the Netherlands Bar Association, such dispute shall be brought exclusively before the competent court in Amsterdam