General terms and conditions

GENERAL TERMS AND CONDITIONS OF SIX ADVOCATEN B.V. (version: November 2011)
 

  1. Six Advocaten B.V. (“Six Advocaten”) is a limited liability company incorporated under Dutch law. Its purpose is to conduct the legal profession. Upon written request a list will be provided of the private persons that hold the shares in Six Advocaten by means of their private holding companies (the “Partners”).
  2. All assignments to perform services will be deemed to have been given solely to Six Advocaten, even if the client gave the assignment with the express or silent intent to have it carried out by a specific person. Book 7, Section 404 and Section 407 subsection 2 of the Dutch Civil Code do not apply.
  3. These general terms and conditions apply to all services rendered by Six Advocaten, regardless of whether these services were rendered in the capacity of attorney at law, arbitrator, third party charged with giving a binding ruling or otherwise. The general terms and conditions also apply on all future assignments to Six Advocaten. The conditions do not only apply for the benefit of Six Advocaten itself, but also apply for the benefit of all Partners, Stichting Derdengelden Six Advocaten (Foundation for Client’s funds Six Advocaten) and its officers, all other persons employed by Six Advocaten and all third parties engaged by Six Advocaten in the execution of an assignment.
  4. The execution of assignments given to Six Advocaten is done solely on behalf of the client; third parties can not derive rights from the rendering of services on behalf of the client.
  5. The client may expect Six Advocaten to fulfil the assignment given to it with due care, attention and expertise. Should Six Advocaten nonetheless fail culpably to fulfil this obligation or any other obligation, then its liability is limited to the amount paid in the relevant case under its professional indemnity insurance, increased with the excess that is applicable under the policy. If for whatever reason  payment does not take place under the insurance, its liability is limited to an amount of € 50,000. At the risk of forfeiting all rights, a claim for damages must be submitted within a period of two years after the client or, in case these are not one and the same, the aggrieved party, is aware of the damage and suspects or should suspect Six Advocaten may be liable for such damage.
  6. Six Advocaten is entitled to involve third parties in connection with the rendering of its services, for example representatives ad litem, bailiffs, civil notaries, research agencies, debt-collection agencies, accountants, fiscal advisors, the Land Register, the Chamber of Commerce, other law firms, etc. The client assents to the fact that the assignment given to Six Advocaten also includes the authorisation to accept limitations of liability, if any, imposed by such third parties on behalf of the client.
  7. All e-mail communications, data communications, audio communications, communications via facsimile and telephone of Six Advocaten will be unencoded, unless specifically requested otherwise by the client in writing in advance and only if Six Advocaten has confirmed in writing it will grant such request.
  8. Six Advocaten is entitled to annually adjust the agreed or otherwise applicable rates for its services in line with price trends and also to raise, in the interim, the rates of its associates in line with their years of experience.
  9. Payments terms of invoices are 14 days after the date of invoice. Payment should take place in the manner as indicated on the invoice. All costs relating to collection measures are for the account of the client.
  10. At any given moment, both prior to the commencement of the assignment and during the assignment, Six Advocaten is entitled to request one or more advance payments with settlement at a later date. In the event of failure to pay such advance payment, Six Advocaten is entitled to not commence, suspend or terminate its services. Unless specifically agreed otherwise, the advance payment will be settled with the final invoice for the work done in the relevant case.
  11. The legal relationship between the client and Six Advocaten is governed by Dutch law. Without prejudice to the  disciplinary law that applies to the lawyers of Six Advocaten, disputes will initially be settled exclusively by the District Court of Amsterdam.

This translation is for information purposes only. The Dutch text is binding.