General terms and conditions
1. Maaldrink Vermeulen is a partnership constituted under Dutch law.
2. All provisions of these general terms and conditions also apply to the partners of Maaldrink Vermeulen, the directors of the professional corporations, and all advocates of Maaldrink Vermeulen.
3. When retaining third parties, Maaldrink Vermeulen will exercise due caution and (with the exception of bailiffs) confer with the client about the selection of these third parties whenever it is reasonable to do so. Maaldrink Vermeulen cannot be held liable for any shortcomings in the services of these third parties. Maaldrink Vermeulen is authorised by the client to accept on the client’s behalf any limitations of liability made by third parties.
4. The client undertakes to inform Maaldrink Vermeulen fully whenever he instruct ad advocate of Maaldrink Vermeulen to act for him/her in the matter in hand. If he fails to do so or responsibility for the work done by Maaldrink Vermeulen in the matter in hand ends.
5. Maaldrink Vermeulen cannot be held responsible for the correct and complete transfer of the contents of emails sent, nor for their timely reception.
6. Any and all claims made by clients based on alleged shortcomings of Maaldrink Vermeulen will be time barred unless these claims are motivated and communicated to Maaldrink Vermeulen in writing within a year of the moment the client became aware of the facts on which he bases his claim or reasonably could have become aware of these facts.
7. The client will hold free Maaldrink Vermeulen from all claims made by third parties against Maaldrink Vermeulen as well as indemnify for costs which Maaldrink Vermeulen incurs in this respect (including the costs of legal assistance) which are the result of work done by Maaldrink Vermeulen on behalf of the client.
8. Maaldrink Vermeulen will fulfil all of its duties with the necessary care. In the eventuality of complaints made by the client, Maaldrink Vermeulen strives to resolve these issues by means of amicable settlement with the client. If necessary on the basis of the rules in case of complaint of Maaldrink Vermeulen, which will then be supplied to the client. Should an amicable settlement prove to be impossible, the client may present the matter to the Disputes Committee for the Legal Profession (Geschillencommissie Advocatuur) or the competent court.
9. The advocates of Maaldrink Vermeulen are members of the Netherlands Bar (Nederlandse Orde van Advocaten). They are insured for professional liability in accordance with the regulations of the Netherlands Bar Association.
10. Any liability of Maaldrink Vermeulen and its advocates and professional corporations is limited to the amount payable under Maaldrink Vermeulen’s professional liability insurance policy for each specific set of circumstances.
11.1 The client will be periodically invoices for the services provided by Maaldrink Vermeulen. Payment of these invoices must take place within 14 days of the date of the invoices, unless a different payment schedule has been explicitly agreed upon in writing. Should payment not take place within the stipulated period, Maaldrink Vermeulen will be entitled to charge the relevant statutory interest. Should payment not take place within the agreed period, Maaldrink Vermeulen may immediately charge the professional client an amount of € 150,= towards extrajudicial collection costs.
11.2 If payment does not follow after receipt by the client of a written request for payment, Maaldrink Vermeulen may charge payment for extrajudicial collection costs on top of the aforementioned amount of € 150,=.
11.3 In case of late payment by the client of the invoices received from Maaldrink Vermeulen, Maaldrink Vermeulen may suspend further services until full payment has been made. Maaldrink Vermeulen will not be liable for any damage which may occur for the client by the aforementioned suspension of further services. In case of late payment Maaldrink Vermeulen is also entitled to retain the files concerning the client who is in default. Until such time that the client who is in default either deposits the amount augmented with interest and costs under the dean of the Bar Association in the Hague or submits a bank guarantee. Whenever a brief comes to an end Maaldrink Vermeulen will close the file and will send a final note of charges. After receipt of payment of that final note of charges Maaldrink Vermeulen will return the file to the client or, if parties have agreed, will keep the file in its archive for five years.
12. At the moment Maaldrink Vermeulen terminates its work, it will close the file and present the client with a final invoice. As soon as payment of the final invoice is received Maaldrink Vermeulen shall keep the file(s) in its archives for a period of five years.
13. Only Dutch law is applicable on the relationship between Maaldrink Vermeulen and the client. In the absence of mandatory provisions to the contrary and taking into account the authority of the client to present the dispute to the Disputes Committee for the Legal Profession (Geschillencommissie Advocatuur) as stated in article 8 of these general terms and conditions, any dispute that may arise will exclusively be submitted to the competent Court(s) of The Hague, notwithstanding the right to appeal and to cassation.
14. In the eventuality that the provisions of these general terms and conditions deviate from those in the confirmation of the instruction to Maaldrink Vermeulen, the provisions in the confirmation of instruction to Maaldrink Vermeulen shall apply.
15. The official general terms and conditions of Maaldrink Vermeulen are in the Dutch language. If there is a disparity between the Dutch and the English version, the Dutch version will prevail.