General Conditions

General Conditions

  1. Delissen Martens Advocaten & Belastingadviseurs B.V. (hereinafter: the Partnership) is a Dutch Partnership of private limited liability companies under Dutch law ('practice companies') that has been registered in The Hague. Upon request you will be sent a list of partners.
  2. All assignments are accepted and carried out exclusively by the Partnership. The party commissioning (hereinafter: Client) shall not be allowed to base any claims within this framework on the sections 7:404 and 7:407 subsection 2 of the Dutch Civil Code. Follow-up assignments shall be deemed to form part of the original assignment.
  3. For the purpose of the execution of an assignment the Partnership shall be allowed, where necessary, to provide information about the Client to third parties, without prejudice to its attorney-client privileges and obligation of secrecy.
  4. The Partnership has the right to instruct third parties for the execution of an assignment. The Partnership is not responsible and liable for any failure to perform (properly) by these third parties. The Partnership may, (also) on behalf of the Client, accept any liability limitations of these third parties.
  5. The Partnership shall be allowed to invoke its attorney-client privileges and obligation of secrecy irrespective of the view of the Client in that respect.
  6. All liability of the Partnership in connection with an assignment, unless caused by intent or gross negligence on the part of the Partnership, shall be limited to the amount that will be paid by the professional liability insurer of the Partnership in that respect, increased by the so-called deductible/excess amount of the Partnership according to the policy conditions that apply.
  7. The Client shall indemnify the Partnership for all liability towards third parties in as far as resulting from, or otherwise connected with the assignment, unless such liability is caused by intent or gross negligence on the part of the Partnership.
  8. The fees payable to the Partnership shall be calculated on the basis of the time spent by the Partnership on the assignment, multiplied by the hourly rate applying in this respect according to the Partnership, and increased by a percentage by way of surcharge for office costs. Advances of the Partnership paid for the benefit of the Client shall be charged separately. When applicable, all amounts will be increased by VAT. Payment must be made within the term imposed in the invoice, failing which the Partnership shall be authorised to dissolve the assignment automatically, without prejudice to its other rights.
  9. If there is no payment made within the relevant term, the Partnership shall have the right to raise the fees owed to the Partnership, increased by the percentage by way of surcharge for office costs, by 10%.
  10. The legal relationship between the Client and the Partnership shall be governed by Dutch law. Disputes shall be submitted exclusively to the competent Dutch court.
  11. These general conditions shall apply also for the benefit of the partners of the Partnership, of the managers of, and shareholders in, the practice companies, and in addition for the benefit of all individuals who are or have been employed by the Partnership, inclusive of their beneficiaries/heirs.
  12. In the event of a conceptual difference in the interpretation of the Dutch text and the English text, the Dutch text shall prevail.