General Terms and Conditions
All services and other work are carried out under an agreement of instruction ("overeenkomst van opdracht") with Van Steenderen MainportLawyers B.V. The agreement is subject to the following General Conditions which have been filed with the registrar of the District Court in Rotterdam and contain a limitation of liability. A copy of the General Conditions will be forwarded upon request. The applicability of other conditions is herewith explicitly rejected.
General terms and conditions of Van Steenderen MainportLawyers B.V.
1. The object of Van Steenderen MainportLawyers B.V. is to exercise the practices of lawyer and procurator litis in their broadest sense. A current list of partners can be consulted on our website www.mainportlawyers.com but can also be dispatched by mail on request.
2. Van Steenderen MainportLawyers B.V. considers that every assignment, however it is worded, is entrusted to it exclusively, even if it is the express or tacit intention for an assignment to be undertaken in particular by one or more partners and/or employees of Van Steenderen MainportLawyers B.V. The force of Article 7:404 of the Netherlands Civil Code, which provides for the abovementioned instance, as well as the force of Article 7:407, paragraph 2, of the Netherlands Civil Code, which establishes joint and several liability for instances in which an assignment has been issued to two or more persons, is inoperative. In exercising the practice of lawyers and procurators litis, Van Steenderen MainportLawyers B.V. will be represented in such cases as arise by persons who it recruits for the execution of its clients’ assignments.
3. Any liability of Van Steenderen MainportLawyers B.V. in, due to or in connection with the execution of a client’s assignment or otherwise will be limited to the amount or amounts covered by the professional liability insurance policy taken out by Van Steenderen MainportLawyers B.V. plus the amount of uninsured risk that, according to the policy, is not payable by the insurers for the matter in question.
If, for whatever reason, no insurance payment can be made pursuant to the professional liability insurance policy taken out by Van Steenderen MainportLawyers B.V., the liability of Van Steenderen MainportLawyers B.V. will be limited at all times up to the amount that it has already invoiced in the case concerned, which amount will not exceed the sum of EUR 250,000.00.
4. When the interests of its client should clearly so require, Van Steenderen MainportLawyers B.V. will consult with the client when recruiting third parties, and when selecting those third parties, Van Steenderen MainportLawyers B.V. will observe the responsibility of a good contractor without accepting any liability, nevertheless, for the shortcomings of such third parties. It is possible that third parties will want to limit their liability in connection with the execution of an assignment, and Van Steenderen MainportLawyers B.V. makes it a condition that all of the assignments that it receives from clients also entitle it to accept such a third-party limitation of liability also on behalf of its client.
If the execution of a client’s assignment entails a natural person or legal entity established outside of the Netherlands and not affiliated to Van Steenderen MainportLawyers B.V. being recruited to perform work within the context of the received assignment, Van Steenderen MainportLawyers B.V. will not be liable for errors that this person or entity might make.
5. All rights of action, whatever their nature, against Van Steenderen MainportLawyers B.V. in connection with the work that it has performed become extinguished no later than one year following the time when the party involved became aware of, or could reasonably have been aware of, the existence of these rights.
6. Unless otherwise agreed in writing, Van Steenderen MainportLawyers B.V. will send its clients a monthly invoice for fees plus (i) a surcharge of 5% for general administrative costs; (ii) the specific disbursements; and (iii) when applicable, turnover tax (VAT) in connection with the handling of a case dossier. A broad description of the work performed will be included in the invoice, as well as a detailed statement of the persons who have performed the work on the case dossier concerned, in respect of which the work will be accounted for in increments of tenths of an hour.
Invoices are payable on receipt. If an invoice has not been paid in full after 21 days at most following the date of invoice, interest will be charged on the unpaid sum at a rate of 1% a month. Van Steenderen MainportLawyers B.V. will have the right to send separate invoices for the interest that becomes due from the client, and these separate invoices are similarly payable on receipt.
7. The client can terminate the assignment given to Van Steenderen MainportLawyers B.V. at any time without giving reasons. For its part, Van Steenderen MainportLawyers B.V. will have a similar right to terminate the assignment subject to its allowance for a reasonable period for notification so that the client can take measures, should the client so wish, for the engagement of one or more different lawyers, this being in accordance with the Code of Conduct issued by the Netherlands Bar. Van Steenderen MainportLawyers B.V. will be entitled to terminate the assignment, for example: (i) in the event of the non-payment of one or more of the invoices for fees and disbursements sent by Van Steenderen MainportLawyers B.V. despite demand for payment; (ii) in the event of negligence or refusal on the part of a client to accept and pursue advice from Van Steenderen MainportLawyers B.V.; (iii) in the event of negligence or refusal on the part of a client to be completely open about matters or to cooperate, or otherwise that the client adopts an attitude such that the professional efforts of Van Steenderen MainportLawyers B.V. are undermined; (iv) in the event that any other ground should arise allowed for by or prescribed in the Code of Conduct of the Netherlands Bar.
8. Clients of Van Steenderen MainportLawyers B.V. are responsible for all costs in connection with the handling of a case dossier throughout the time of their representation by Van Steenderen MainportLawyers B.V. The client will assume immediate responsibility with regard to a request from Van Steenderen MainportLawyers B.V. for the prompt payment of these costs. This can include the cost of lawyers in other areas of jurisdiction, experts, translators, bailiffs, surveyors, data research bureaux, etc.
9. Unless expressly stated otherwise, every offer from or price-fixing agreement with Van Steenderen MainportLawyers B.V. is expressed excluding costs such as, but not restricted to: court registry fees, translation charges, expert fees, fees from surveyors, information and data research bureaux and courier services, international telephone calls, travel expenses and secretarial overtime costs.
10. Dutch law will apply to the legal relationship between Van Steenderen MainportLawyers B.V. and its clients. Only the Dutch court will have jurisdiction over any dispute that might arise between Van Steenderen MainportLawyers B.V. and a client. Both Van Steenderen MainportLawyers B.V. and also all persons who have been engaged in the execution of a client’s assignment will be able to rely on these general terms and conditions. The same will apply to the (former) partners of Van Steenderen MainportLawyers B.V., as well as the (former) managing directors of the practice partnerships and to former employees including any of their successors if they are held liable after they have left the firm of Van Steenderen MainportLawyers B.V.
11. These general terms and conditions of Van Steenderen MainportLawyers B.V. apply to complementary assignments and follow-up assignments. These general terms and conditions have been drawn up in Dutch and English. The Dutch-language text will be binding in the event of a dispute concerning the content or sense of these terms and conditions.
Rotterdam, version 01 January 2006, Van Steenderen MainportLawyers B.V.
The content of the website, summaries of court decisions, including our comments thereon, does not constitute legal advice and should not be relied on as such. If you believe you have a similar issue at hand as summarized above our firm would be most delighted to provide you with specific advice taking into account the specific circumstances of your case.
Further information provided in accordance with the The EU Services Directive:
- All lawyers practising in the firm have been registered with the Dutch Lawyers Association (Nederlandse Orde van Advocaten), Neuhuyskade 94, 2596 XM The Hague, tel. no.: +31 (0)70 – 335 35 35.
- Our VAT No: 8151.93.622.B.01
- In accordance with the statutory requirements of the Dutch Lawyers Association (NOvA) we have taken out Professional Liability Insurance with Amlin Corporate Insurance N.V., Prof. J.H. Bavincklaan 1, 1183 AT Amstelveen, policy No. 20120523. The amounts covered: EUR 2.500.000,-- per claim and EUR 5.000.000,-- max. per policy year.
- For complaints about services performed: please write to or contact Arnold J. van Steenderen at the office address stated above.
- The professional Rules of Conduct applicable to all lawyers can be found at: http://www.advocatenorde.nl/wetenregelgeving/vademecum.asp. For lawyers that are also qualified as Mediator the following Rules of Conduct are applicable to services performed as Mediator: http://www.nmi-mediation.nl/english/nmi_rules_and_models.php.
Internal complaints procedure
1. If a client should contact our office in any way with a complaint about our services, the lawyer in question shall be notified of this as soon as possible.
2. In the first instance, the lawyer in question will try to resolve the problem together with the client, if necessary after consulting the complaints' officer. A.J. van Steenderen will act in this capacity.
3. If the problem cannot be resolved, the client will be invited to discuss the matter with the lawyer in question and the complaints' officer. If required, the client can choose to be accompanied by another person. A report of this meeting will be sent in writing to the client.
4. If the complaint is not settled to the satisfaction of the client, the complaints' officer will point out the possibility on the part of the client to contact the dean of the Bar Association (Orde van Advocaten) in Rotterdam, to make their complaint known there.
More information about this possibility and about the Rotterdam and district Bar Association's regulations covering complaints (in Dutch) can be found on the website of the Rotterdam Bar Association (www.advocatenorde-rotterdam.nl). Further details can also be obtained by contacting the aforementioned complaints' officer.
The European Parliament adopted a Directive by the end of 2001 (No. 2001/97/EC) which extends the identification obligation and the reporting obligation in respect of unusual transactions in an attempt to fight against money laundering.
As a result of this extension the Disclosure of Unusual Transactions Act (in Dutch: abbreviated "MOT") of 1993 and the Identification Provision of Services Act (in Dutch abbreviated "WID") will also apply to the services provided by lawyers, attorneys, notaries, tax advisors and accountants starting 1 June 2003. The provisions of the relevant Acts impose by law that these advisors are under a statutory duty to conduct proper identification of a client before accepting instructions and providing advisory services. Domestic legal entities or foreign corporations operating through a corporate vehicle in the Netherlands and registered as such with the Chamber of Commerce will be identified by means of a certified extract from the Chamber of Commerce and a copy of a valid ID (passport or driving license, or other official documents) proving the identify of the representative of the legal entity. Legal entities that are incorporated and registered abroad and do not hold a branch office in the Netherlands will be required to submit a certified extract concerning their registration from the country where they have their registered seat. To the above rules there are exemptions e.g. for referrals between professionals where within the European Community a single identification may suffice.