General terms and conditions
1. Maaldrink Vermeulen is the trade name of Mr A.H. Vermeulen, registered in the Cham-ber of Commerce under number 54696453, Mr J.P.M. van Gilse, registered in the Chamber of Commerce under number 66097592, Mr J.M. Szczerbak, registered in the Chamber of Commerce under number 55890776, who practice law independently at their own risk and expense, hereafter to be referred to as: “Maaldrink Vermeulen”.
2. All provisions of these general terms and conditions also apply to the advocates of Maaldrink Vermeulen and the directors of the professional corporations they use.
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 authorized 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 instructs an advocate of Maaldrink Vermeulen to act for him/her in the matter in hand. If he/she fails to do so, all 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 e-mails 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 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 results of work done by Maaldrink Vermeulen on behalf of the client.
8. Maaldrink Vermeulen will fulfill all of its duties with the necessary care. In the eventuality of complaints made by the client, Maaldrink Vermeulen strives to resolve these is-sues 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 Commites for the Legal Profession (Geschillencommissie Advo-catuur) or the competent court.
9. The advocates of Maaldrink Vermeulen are members of the Netherlands Bar (Neder-landse 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 policy for each specific set of circumstances.
11.1 The client will periodically receive invoices for the services by Maaldrink Vermeulen. Payment of these invoices must take place within 14 days of the date of the invoices, un-less a different payment schedule has been explicitly agreed upon in writing. Should payment not take place within the stipulated period, Maaldrink Vermeulen may immediately charge the professional client an amount of € 150,– towards extrajudicial 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,–, to the amount of 15% of the principal sum.
11.3 In case of late payment by the client of the invoices received from Maaldrink Ver-meulen, Maaldrink Vermeulen may suspend further services until payment has been received in full. 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 pay-ment 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 (i) deposits the amount augmented with interest and costs under the dean of the Bar Association in The Hague or (ii) submits a bank guarantee.
12. Whenever a brief comes to an end Maaldrink Vermeulen will close the file(s) 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(s) in its archive for a period of five years.
13. Solely 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 ac-count the authority of the client to present the dispute of mandatory provisions to the contrary and taking into account the authority of the client to present the dispute to the Dispute Committee for the Legal Profession (Geschillencommissie Advocatuur) as stat-ed in article 8 of these terms an d 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. If the client has not exercised his right to present the dispute to the Dispute Committee for the Legal Profession, he/she loses the right to do so from the moment that legal proceedings in court have commenced.
14. In the eventuality that 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 ver-sion will prevail.
These general terms and conditions are also available on the website of Maaldrink Vermeulen (www.maaldrink.nl)