General Conditions

  1. Delissen Martens Advocaten en Belastingadviseurs B.V. (hereinafter: the “Company”) is a private company with limited liability incorporated under Dutch law, having its registered office in The Hague, the Netherlands, and listed in the Netherlands Chamber of Commerce under number 27318862.
  2. All instructions are accepted and carried out exclusively by the Company. The party instructing (hereinafter: the “Client”) shall not be allowed to base any claims within this framework on Articles 7:404 and 7:407(2) of the Dutch Civil Code. Any follow-up instructions shall be deemed to form part of the original assignment.
  3. For the purpose of the execution of an assignment, the Company shall be allowed, where necessary, to make information of and about the Client available to third parties, without prejudice to its lawyer-client privilege and its duty of confidentiality.
  4. The Company has the right to engage third parties for the execution of an assignment. The Company is not liable for any failure on the part of such third parties. The Company may, (also) on behalf of the Client, accept any limitations of liability of such third parties.
  5. The Company shall be allowed to invoke its lawyer-client privilege and its duty of confidentiality irrespective of the view of the Client in that respect.
  6. Any liability of the Company in connection with assigned instructions, unless caused by wilful misconduct or gross negligence on the part of the Company, shall be limited to the amount that will be paid out by the Company’s professional indemnity insurer in that regard, increased by the so-called excess amount of the Company, in accordance with the applicable policy conditions.
  7. The Client shall indemnify the Company against any liability towards third parties in so far as resulting from, or otherwise related to the assignment, unless such liability is caused by wilful misconduct or gross negligence on the part of the Company.
  8. The fees payable to the Company will be calculated on the basis of the time spent by the Company on the assigned instruction, multiplied by the applicable hourly rate in that regard, according to the Company, and increased by a surcharge in terms of percentage for office costs. The company may adjust the applicable hourly rates from time to time. Disbursements of the Company incurred for the benefit of the Client shall be charged separately. Where applicable, all amounts will be increased by turnover tax. Payments shall be made within the time limit stipulated in the invoice, failing which the Company will be entitled to terminate the assigned instruction, without prejudice to its other rights.
  9. In case of nonpayment within the stipulated period, the Company is entitled to increase the total invoice amount with collection costs, in accordance with the “Besluit Vergoeding voor Buitengerechtelijke Incassokosten” (extrajudicial collection costs reimbursement decree). The collection costs amount to at least € 40,- up to a maximum of € 6,775.-.
  10. The legal relationship between the Client and the Company is governed by Dutch law. All disputes will be exclusively adjudicated by the competent court in the Netherlands.
  11. These general conditions shall also apply for the benefit of the managing partners of the Company, and for any person who is or has been employed at or for the Company, including their beneficiaries/heirs, if any.
  12. In the event of conflicting interpretations between the Dutch and the English versions of these general conditions, the Dutch version will prevail.