General terms and conditions of Staal Advocaten BV – version of December 2017
These general terms and conditions are applicable to all assignments, including all follow-up assignments and amended supplementary assignments, which the client gives to Staal Advocaten BV (“Staal Advocaten”). These general terms and conditions are also applicable to all offers made by Staal Advocaten.
All assignments are exclusively deemed to be given to and accepted by Staal Advocaten and to be implemented on behalf of Staal Advocaten. This also applies if it is the intention that the assignment will be carried out by a specific person.
In derogation from Articles 404, 407 paragraph 2, and 409 of Book 7 of the Dutch Civil Code, the direct and indirect shareholders and directors of Staal Advocaten, as well as any persons who, whether or not in employment, work for or for the benefit of Staal Advocaten are not personally bound or liable and the assignment does not come to an end following their death, regardless of the fact whether the assignment was given to a specific person. In the event of liability, the client can only hold Staal Advocaten liable. Liability of the legal entities and natural persons as referred to above is excluded.
If an event occurs during the implementation of an assignment that results in liability of Staal Advocaten, this liability is limited to the amount that will be paid out in that event under the professional liability insurance taken out by Staal Advocaten plus the applicable excess. The maximum cover is € 5,000,000 (in words: five million euros). If a claim is not covered under the insurance, the liability is limited to an amount equal to twice the fee invoiced by Staal Advocaten (excluding office expenses and VAT) in the specific case from which the liability has arisen, with a maximum of € 50,000 (in words: fifty thousand euros).
If Staal Advocaten is liable for damage to persons or property, this liability is limited to the amount that will be paid out in that event under the general liability insurance of Staal Advocaten plus the applicable excess.
If Staal Advocaten engages a third party (not forming part of its own organization) for the implementation of an assignment, Staal Advocaten is not liable for any errors made by this third party. If the third party engaged by Staal Advocaten intends to limit its liability, the client grants Staal Advocaten – by means of giving the assignment to Staal Advocaten – the authority to accept such limitation of liability also on behalf of the client.
Without prejudice to the provisions of article 3, these general terms and conditions are also stipulated for the benefit of any person who, whether or not in employment, works for or for the benefit of Staal Advocaten and also for the benefit of direct and indirect shareholders and directors. This applies mutatis mutandis to successors by universal title of these legal entities and natural persons. All legal entities and natural persons as referred to above can rely on these general terms and conditions.
Staal Advocaten and Stichting Beheer Derdengelden Staal Advocaten may hold monies of clients or third parties in the context of the implementation of assignments. Staal Advocaten and Stichting Beheer Derdengelden Staal Advocaten shall deposit these monies with a bank selected by Stichting Beheer Derdengelden Staal Advocaten. If this bank does not comply with its obligations, Staal Advocaten and Stichting Beheer Derdengelden Staal Advocaten are not liable.
Unless stipulated otherwise in writing, the fee is established on the basis of the hours worked, multiplied by the applicable rates as established by Staal Advocaten. Incurred expenses, e.g. travelling expenses, are invoiced separately. In order to cover its general office expenses (e.g. despatch by regular post, costs of telephone, facsimile and electronic communication, regular copying costs, and costs of document preparation), a percentage of the fee as determined by Staal Advocaten will be charged. All aforementioned amounts are exclusive of VAT. Staal Advocaten may engage a counsel of record for the performance of procedural acts before the district courts and the courts of appeal. The costs of this counsel of record will be charged to the client. Staal Advocaten is entitled to change its rates during the term of the assignment.
The activities are in principle invoiced on a monthly basis. The payment term is thirty days to be calculated as from the date of the invoice. If the invoice is not paid in a timely manner, Staal Advocaten is entitled, without any further notice of default being required, to charge statutory interest. An advance for work performed or yet to be performed can be charged at any time. In the absence of an advance payment to cover work, Staal Advocaten can suspend its activities.
Pursuant to applicable regulations, Staal Advocaten is obliged to establish the identity of its clients and to report unusual transactions to the authorities under certain circumstances. By giving an assignment to Staal Advocaten, the client confirms that he/she is aware of this and, if required, gives his/her consent thereto.
Dutch law is applicable to the legal relationship between Staal Advocaten and its client. All claims for compensation expire if they are not brought before the competent court within one year after the client has become aware of the damage and the possible liability of Staal Advocaten. The competent court in Rotterdam has exclusive jurisdiction to hear claims against Staal Advocaten.
Staal Advocaten is established in Rotterdam and has been registered in the trade register under number 60158212.