Terms and Conditions
General terms and conditions
The VerbeekdeCaluwé Advocaten is a professional partnership (hereinafter referred to as the “Company”) the object of which is the conduct of a law practice.
Notwithstanding the provisions of Sections 404 and 407(2) of Book 7 of the Dutch Civil Code, all instructions shall be deemed to have been given to and accepted by the Company, even if it is the client’s explicit or implied intention that instructions be carried out by any one attorney whether specifically named or not.
Any liability relating to the execution of a client’s instructions shall be limited to the amount paid out under the Company’s professional liability insurance in the matter concerned plus the amount of deductable (eigen risico) under the insurance policy. If cover is not provided by the insurance, liability will be limited to an amount not exceeding the fee paid in the matter concerned. A copy of the current policy together with its terms and conditions is available for inspection at the Company’s office. If the Company has refused to accept or to carry out instructions and damage has arisen as a result thereof, the Company’s liability shall also be limited to the amounts referred to in this article. Any claim from the client against the Company will lapse after 12 months of the inception of the claim.
The Company is entitled to engage third parties in the execution of a client’s instructions. If it does so, the Company will observe due care. The Company will consult with the client about engaging these third parties as much as possible in advance, except in those cases involving the engagement of court observers and bailiffs. Any liability of the Company for a shortcoming of engaged third parties is excluded. In so far as third parties restrict their liability for professional errors, the Company will be entitled to accept such a restriction of liability on its own and on its client’s behalf. Third parties referred to in this article also include attorneys, bailiffs and the like practicing outside The Netherlands.
The Company executes instructions for the benefit of the client. Third parties cannot derive any rights from the way in which the instructions given by the client were carried out, and the client shall hold the Company harmless against claims of third parties in this respect.
In addition to the Company, all persons and legal entities engaged in the execution of any instructions of a client, irrespective of whether they are still working for the Company, are entitled to rely on these General Terms and Conditions. These General Terms and Conditions also apply to the directors of the Company or legal entities involved in the execution of any instructions.
These General Terms and Conditions are deemed also to apply to a client’s supplementary and follow-up instructions.
The Company will only commence the activities to be carried out for the client following receipt of the client’s advance payment, if requested. The level of this payment is dependent on the specific circumstances of the case. The payment will be deducted from the final invoice.
Unless otherwise agreed, invoices from the Company must be paid not later than 14 days of the invoice date in the manner indicated. If a party other than the client is to pay for the work, the client will remain fully liable for such payment. The Company shall be permitted to set off its invoices, even if they are not yet payable, against money which the Company retains on behalf of the client, even if this money is in the custody of Stichting Beheer Derdengelden VerbeekdeCaluwé Advocaten or other third parties. The client hereby authorizes the Company and the aforementioned Stichting or other third parties to cooperate in this set-off. The Company is always entitled to request security for the payment of its invoices.
The Company charges different fee rates for trainee lawyers, junior lawyers, senior lawyers and partners. A surcharge, moreover, can be added depending on the urgency, the specialist nature and/or the importance of the matter. In principle, the Company adjusts its fees as per 1 January of each year.
In the event of late payment, the client shall be in default without any notice being required, and as of the due date until the date of payment the statutory commercial interest shall be charged on the overdue amounts.
Any questions and complaints regarding an invoice must be raised by the client in writing prior to the date on which payment is due. Failing such action, the invoice shall be deemed to have been accepted.
The legal relationship between the client and the Company is governed by Dutch law. Any disputes between the Company and a client shall be submitted to the competent court of Amsterdam.
The Company applies a complaints procedure which fulfills the requirements set by the Netherlands Bar Association. The text explaining the complaints procedure is available at the Company’s office.