General conditions applicable to the provision of services by Timmermans & Simons International Business Lawyers, Leiden, The Netherlands
Article 1 General
Timmermans & Simons International Business Lawyers, a law firm hereinafter referred to as “the Partnership”, is a Partnership of private companies with limited liability, herein referred to as: “the Practice Companies”. A list of partners will be sent on request.
Article 2 Scope of application
The general conditions shall apply to all assignments, given to the Partnership and/or its individual partners, or the directors of the Practice Companies and/or those who have been engaged by the Partnership.
Article 3 Assignments
1. All assignments, referred to in Article 2, - setting aside the provisions of articles 7:404 and 7:407, paragraph 2 of the Civil Code of the Netherlands - are accepted and carried out exclusively by one or more of the Partners. The partners of the Partnership, the directors of the Practice Companies and those who have been engaged by the Partnership, shall not be personally bound or liable.
2. The Partnership adheres to the rules of conduct as defined by the Dutch Bar Association (“Nederlandse Orde van Advocaten”), hereafter referred to as “the Rules of Conduct”.
Article 4 Invoices
1. For the performance of an assignment the client shall be liable for payment of the fee and additional expenses, as well as VAT.
2. If the performance of an assignment covers a period of more than one month, interim invoices can be submitted.
3. The Partnership may request advance payment from the client. The performance of the assignment may be suspended until the advance payment has been received. Received advance payments will be settled with the final payment of the assignment.
Article 5 Payment
1. Payment of invoices must be made within 14 days after the invoice date, without adjustment or settlement or suspension due to an alleged or actual shortcoming of the Partnership. When exceeding this period of time the client shall be in default according to law and interest shall be due equal to the legal interest rate in force.
2. If the Partnership files collection measures against a client who is in default, all judicial and extra-judicial expenses in relation to the claim shall be the liability of the client. These expenses shall amount to 10% of the outstanding balance, with a minimum amount of Euro 125,--, or actual costs.
3. In the case of delay with respect to the terms of payment referred to in paragraph 1, the Partnership shall be entitled to suspend the performance of the assignment taking into account the Rules of Conduct, or - after written summation - rescind the agreement.
Article 6 Complaints
Complaints in relation to the dealing of the case, or in relation to the fees charged must be submitted in writing to the lawyer in charge or to the complaint committee of the Partnership, within ten days after the emergence of the complaint or after the receipt of the invoice, respectively.
Article 7 Adjustment of Fees
1. The Partnership reserves the right to adjust its fees - within reasonable constraints – for example due to a change in index rates.
2. The client can, within a period of 14 days after the notification, protest against the adjustment.
Article 8 Information
All information supplied to the Partnership shall be kept strictly confidential - taking into account Article 9. The client is obliged to keep copies of all written documents supplied to the Partnership, as well as documents, which the client receives from the Partnership, so that duplicates are available in case of unexpected damage or loss of documents - for example by fire.
Article 9 Confidentiality, Report of Unusual Transactions and Legal Identification Requirements under the Law on the obligation to identify oneself [Wet Identificatieplicht]
1.The Partnership is obliged to treat all information that it obtains with respect to the client in the strictest confidence, as stipulated in the Rules of Conduct.
2.Taking into account the pledge of confidentiality referred to in paragraph 1, the Partnership is obliged to report in the events provided for the Law on Reporting Unusual Transactions (MOT) any so-called unusual transaction.
3. On the basis of the Law on the Identification at the Provision of Services [Wet Identificatie bij Dienstverlening], the Partnership is obliged when rendering services specified in the aforementioned Law to identify the identity of the client. Upon request, the client must supply all details necessary to establish the identity, in anticipation of which, the performance of the work will be suspended.
Article 10 Liability
1. The Partnership has taken an adequate professional liability insurance with an insured amount of not less than € 1.000.000,-- per event (each and every claim).
2. All liability of the Partnership for damages, resulting from, or in connection with the performance of an assignment, shall be limited to the amount, which is paid out in the given event under the current professional liability insurance. This amount is decreased by the sum of the own risk that, in accordance to the policy conditions does not fall upon the insurer.
3. In the event that the insurer does not cover, for whatever reason, a damage, or part thereof, the liability will be restricted to that of the fee that was charged in the relevant case; however, with a maximum of € 25,000, - -.
4. If a third party was engaged, all due care will be observed. Third parties will be selected with utmost care. However, the Partnership shall not be liable for possible shortcomings of such third parties.
5. The Partnership shall not be liable, if and when the client may recover damages referred to in this Article directly from a third party or from his own insurance company.
Article 11 Applicable Law
The agreement between the client and the Partnership shall be subject to Dutch law. If the client has a permanent residence outside the Netherlands, all disputes shall be settled exclusively by the competent court at The Hague.
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