GENERAL TERMS AND CONDITIONS
1. All provisions of these general terms and conditions are stipulated for the benefit of the Bond Advocaten partnership, a public partnership incorporated under the law of the Netherlands, the partners of Bond Advocaten, the persons currently or formerly employed by Bond Advocaten including the partners and other employees, and all persons engaged by Bond Advocaten in the performance of any engagement or all persons for whose acts or omissions Bond Advocaten could be liable.
2. These general terms and conditions apply to all engagements accepted by Bond Advocaten, including any additional and follow-up engagements.
3. All engagements granted by clients are granted exclusively to Bond Advocaten. This also applies if the client grants an engagement expressly or implicitly with a view to the performance by a specific person. Sections 7:404 and 7:407(2) of the Dutch Civil Code (Burgelijk Wetboek) are excluded.
4. Bond Advocaten is free to have engagements granted to it performed by partners and persons employed by Bond Advocaten designated by it and in relevant cases while engaging third parties.
5. When engaging third parties, Bond Advocaten will consult in advance with the client as much as possible. Bond Advocaten is not liable for failures on the part of third parties. Bond Advocaten has been authorised by the client to accept any limitations of liability applied by third parties on behalf of the client. Bond Advocaten is not liable for damage that is the result of act or omission, and error or failure on the part of these third parties.
6. Unless agreed otherwise, the fee will be calculated on the basis of the number of hours worked multiplied by the applicable hourly rates. Expenses, disbursements and VAT are charged separately.
7. In case an event occurs during the performance of an engagement for a client that leads to liability, such liability is limited to the amount that is paid out in the relevant case under the professional liability insurance taken out by Bond Advocaten, to be increased by the amount of the excess that is for the account of Bond Advocaten in the relevant case under the insurance contract. An incident as referred to in the first sentence also includes a failure to act. A claim on the part of the client in connection with the performance of the activities carried out by Bond Advocaten lapses and prescribes in any event one year after the moment at which the client became aware or could have been aware within reason of the existence of its rights and powers in this connection. The aforementioned rights and other powers lapse and prescribe in any event two years after the performance of the activities by Bond Advocaten.
8. The client indemnifies Bond Advocaten as well as the persons employed by it against all third-party liability related to or arising from the engagement granted to Bond Advocaten in any way unless this liability is the consequence of intent or wilful misconduct on the part of Bond Advocaten. This indemnification also comprises the reasonable costs of legal assistance incurred in this connection.
9. These general terms and conditions have been drawn up in the Dutch and English language. In case of a dispute concerning the content or scope of these general terms and conditions, the Dutch text will be decisive.
10. The office complaints procedure applies to every assignment (that complies with the relevant regulations applicable under the Dutch Act on Advocates (Advocatenwet) that is accepted by Bond Advocaten. This procedure is made available upon request.
11. The legal relationship between Bond Advocaten and its clients is governed exclusively by Dutch law. Any disputes will be submitted exclusively to the competent court in Amsterdam, without prejudice to the right to submit an appeal to the Court of Appeal and the Supreme Court. Bond Advocaten has its registered office in Amsterdam and is registered in the Commercial Register under number 70218757.
These general terms and conditions have been deposited at the Court registry of the Amsterdam District Court under number 16/2018 and are also available on the Bond Advocaten website: Terms & Conditions