General conditions
1. General
Letselschade Advocaat Amsterdam is a sole proprietorship whose purpose is to practice law in the broadest sense of the word. Letselschade Advocaat Amsterdam is registered with the Chamber of Commerce under number 52485587.
2. Scope of General Terms and Conditions
These General Terms and Conditions apply to all activities performed or to be performed by or on behalf of Letselschade Advocaat Amsterdam and to all legal relationships of Letselschade Advocaat Amsterdam with third parties regardless of whether these activities are performed in the capacity of lawyer, (legal and non-legal) employee, executor, arbitrator, binding advisor, medical advisor, mediator or otherwise. Only these general terms and conditions shall apply to all assignments and supplementary and follow-up assignments to Letselschade Advocaat Amsterdam, as well as to all other legal acts and legal relationships with third parties. The applicability of other general conditions, such as those of the client, is expressly rejected.
3. Assignments accepted and performed exclusively by Letselschade Advocaat Amsterdam
Letselschade Advocaat Amsterdam is the sole contractor of all work. All assignments are accepted and performed exclusively by Letselschade Advocaat Amsterdam. Third parties cannot derive any rights from the execution of the work performed for the client. The applicability of articles 7:404 and 7:407, paragraph 2 of the Civil Code is expressly excluded.
4. Engagement of third parties
If, in connection with the work assigned to Letselschade Advocaat Amsterdam, third parties need to be engaged, Letselschade Advocaat Amsterdam will, if and to the extent possible, consult with the client in advance. Letselschade Advocaat Amsterdam will exercise due care in the selection of these third parties. Letselschade Advocaat Amsterdam is not liable for errors or shortcomings of these third parties in any form whatsoever. Letselschade Advocaat Amsterdam s authorized by the client to accept any limitations of liability of third parties on behalf of the client.
5. Limitation of liability
a)Any liability of Letselschade Advocaat Amsterdam for work carried out or to be carried out by or on behalf of Letselschade Advocaat Amsterdam or otherwise related to an assignment given to Letselschade Advocaat Amsterdam is limited to the amount paid out in the case in question under the professional liability insurance(s) taken out by Letselschade Advocaat Amsterdam, plus the amount of the deductible that is not borne by the insurer(s) under the policy conditions.
b)If for any reason no payment should be made under the insurance referred to in Article 5(a), any liability shall be limited to the amount charged by Letselschade Advocaat Amsterdam in the relevant case in the relevant year.
6. Applicable law
The legal relationship between the client/client and Letselschade Advocaat Amsterdam is subject to Dutch law. Disputes will be settled exclusively by the competent Dutch court.
7. Calculation of fees
The client owes to Letselschade Advocaat Amsterdam a fee calculated on the basis of the time spent handling the case multiplied by the predetermined rate per unit of time, plus a surcharge for office costs of 6% and VAT. The client is obliged to pay an advance or provide other security whenever the Firm so requests. Any advance payment received will be set off against the Firm’s final invoice.
8. Disbursements
Disbursements paid by Letselschade Advocaat Amsterdam on behalf of the client/client will be charged separately.
9. Billing of work
Work will be charged to the client with a payment term of 14 days. Failing timely payment, the client is legally in default and Letselschade Advocaat Amsterdam is entitled to charge statutory interest and collection costs. The costs of collection resulting from default on the part of the principal shall be borne by the principal. Payments received after default on the part of the client shall first serve to reduce these costs, then the interest due and then the principal sum.
10. Waarneming
De werkzaamheden worden uitgevoerd door opdrachtnemer. Onder bijzondere omstandigheden, waaronder (al dan niet tijdelijke) arbeidsongeschiktheid is het mogelijk dat de werkzaamheden worden uitgevoerd door een externe waarnemer
11. Destruction of old files
For a period of ten years after the conclusion of a case, the file in question will be kept in the archives of Letselschade Advocaat Amsterdam. After the expiration of this period, the file and the documents contained therein will be destroyed without further notice.
12. Disputes
All disputes that may arise as a result of the realization and/or implementation of the services of Letselschade Advocaat Amsterdam will be settled in accordance with the office complaints procedure of Letselschade Advocaat Amsterdam. In all cases in which the parties cannot resolve a dispute between them, resolution thereof shall be reserved exclusively to the courts insofar as not otherwise prescribed by mandatory law.
13. Applicability
These terms and conditions apply to all services to be provided by or on behalf of Letselschade Advocaat Amsterdam. Deviations are valid and binding only if agreed in writing or by e-mail.