General Terms and Conditions
General Terms and Conditions
Kerkckhoffs Advocaten B.V., a private limited company with registered
office in Maastricht, registered in the Trade Register under reference
- Kerckhoffs Advocaten B.V. is a private limited company whose objects are the practicing of the business of attorneys in the wildest interpretation of the words.
- All Instructions shall be accepted and acted upon on the basis of Book 7 Article 400 of the Dutch Civil Code, to the specific exclusion of Book 7 Article 404 of the Dutch Civil Code, by Kerckhoffs Advocaten, even where it is the express or implied intent that any instructions be performed by a particular person.
- These general terms and conditions also apply to supplemental and additional instructions from clients.
- Except where there is agreement to the contrary; Kerckhoffs Advocaten will submit periodic invoices on the basis of an agreed hourly rate. This hourly rate will depend on the number of years’ experience of the attorney with conduct of the case. The hourly rate for cases in which a sum of more than € 100,000 is at stake will be multiplied by a factor of 1.25. The hourly rate may be increased at the start of every calendar year in line with costs increases. Fees are also subject to a 7% surcharge for administrative costs, such as secretarial, postage, stationery, telephone charges, photocopying and travel costs. A higher rate can be invoiced where it can be proved that such charges have actually been incurred. Kerckhoffs Advocaten may at any time ask for costs on account in respect of work, disbursements and expenses.
- Invoices sent by Kerckhoffs Advocaten should be paid within 14 days of the involce date, failing which the client will automatically be in breach of contract. Kerckhoffs Advocaten is always entitled to suspend work on a file until any outstanding invoices have been paid. If payment is not made in time, Kerckhoffs Advocaten may also charge the client interest in the outstanding sum equal to the statutory commercial interest rate. The client shall also be responsible for any extrajudicial costs incurred in enforcing payment of the debt owed to Kerckhoffs Advocaten, being a minimum of 15% on the amount of the claim. Court costs are not limited to liquidated procedural costs and are payable in full by the client insofar as the court enters judgement mostly or completely against the client.
- In the event that whilst carrying out of the client’s instructions a dispute results in a finding liability of Kerckhoffs Advocaten, such liability is limited to such sum or sums that can be claimed under its professional liability shall be limited to the fees charged in the case in question. Liability for oral advice not pull in writing is excluded.
- Kerckhoffs Advocaten shall exercise the necessary skill and care in engaging any third party, such as bailiff, court advocates, experts and foreign advocates, and in making such choices shall consult as far as possible with the client. Kerckhoffs Advocaten excludes any liability for any negligence/breach of contract by such third parties.
- The performance of the instructions shall be entirely for the benefit of the client and therefore no third party can derive any rights in respect of such performance.
- It is possible that a third party engaged to carry out the client’s instructions, such as bailiff, court advocate, expert or foreign attorney, will thereby wish to limit its own liability. Kerckhoffs Advocaten assumes, and where necessary hereby stipulates, that all instructions it receives from its client imply acceptance by the client of such limitations of liability.
- All files pertaining to clients’ instructions shall be kept by Kerckhoffs Advocaten for a period of seven years, following which they will be destroyed without further notice.
- All disputes that arise because of the provision of services by Kerckhoffs Advocaten must be resolved by the court of law located in Limburg, location Maastricht.
- These terms and conditions exist in multiple languages, including the Dutch The Dutch version of these terms and conditions are legally binding, should any dispute arise about the contents of the terms and conditions.
- The legal relationship between the client and Kerckhoffs Advocaten is governed by Dutch law.
Maastricht, 11 november 2016
Kerckhoffs Advocaten B.V.
Mr. R.H.G.M. Kerckhoffs