Please note that in case any difference in interpretation may arise between the Dutch version and the English version, the Dutch version of the general conditions will prevail.
- Van Randwijck Advocaten B.V. (Hereafter Van Randwijck Advocaten) is a limited liability company situated in Rotterdam.
- All legal services will be accepted and performed by Van Randwijck Advocaten B.V., with the exception of those falling under articles 7:404 and 7:407 lid 2 BW of the Dutch Civil Code.
- In case of liability, the liability of Van Randwijck Advocaten is limited to the amount covered by the professional liability insurance, with the addition of the relevant personal risk described in same policy.
If, for any reason, no benefits are paid under the said insurance policy, all liability of Van Randwijck Advocaten and those employed there is limited to three times the amount paid by the client to Van Randwijck Advocaten in the case in question in the calendar year concerned, to a maximum of € 50.000,-.
The limitation or exclusion of liability referred to in this Article does not apply to the extent that damages are the result of gross negligence or malicious intent on the part of Van Randwijck Advocaten.
- Van Randwijck Advocaten will take necessary and due care in cases of the engagement of third parties, however, Van Randwijck Advocaten shall not be liable for any shortcomings of these third parties.
- The customer will be charged an honorarium for the performance of an assignment with the addition of office charges, taxes and Value Added Tax (VAT).
- Van Randwijck Advocaten is entitled to request customers to pay an advance. The advance will be discounted from the final invoice fee.
- The only forms of payment that Van Randwijck Advocaten will accept are:
* Bank-transfer of the invoiced amount to the Van Randwijck Advocaten account at the ABN Amro Bank in Rotterdam;
* Payment in cash (up to the general accepted prevailing maximum amount for the advocacy).
- Invoice payments are due within 14 days from the invoiced date. Should the customer not meet this deadline they are legally in default and will be charged interest at the official rate for the default period.
Should it be necessary for Van Randwijck Advocaten to initiate collection proceedings against a customer in default, then the customer will be charged for these collection costs with an addition of a minimum of 10% of the balance open.
- Not only Van Randwijck Advocaten, but also all persons deployed for the implementation of instructions from a client may take recourse to these terms and conditions. This applies likewise for former employees, including their heirs, if they are held liable after leaving Van Randwijck Advocaten.
- The legal relationship between Van Randwijck Advocaten and its clients is subject to Dutch law. Disputes shall be filed solely for judgment by the competent Dutch courts in Rotterdam.