Conditions générales

  1. These General Terms and Conditions apply to all assignments to I.L.A.C. ADVOCATUUR EN CONSULTANCY B.V. t/a VAN LEEUWEN LAW FIRM (‘VAN LEEUWEN LAW FIRM’), also to supplemental and further assignments of its clients.
  2. These General terms and Conditions are in both Dutch and English. In the event of any discrepancy between the Dutch and English versions, the Dutch version shall prevail.
  3. These General Conditions may be relied on by VAN LEEUWEN LAW FIRM and each person associated with VAN LEEUWEN LAW FIRM, including but not limited to any legal successor under universal title of any person associated with VAN LEEUWEN LAW FIRM, any person formerly associated with VAN LEEUWEN LAW FIRM, and any legal successor under universal title of a person formerly associated with VAN LEEUWEN LAW FIRM. “Person associated with VAN LEEUWEN LAW FIRM” is understood to mean any: employee, (student-) trainee, advisor, partner, subsidiary and shareholder of VAN LEEUWEN LAW FIRM.
  4. Any assignment by a client is given to VAN LEEUWEN LAW FIRM and not to any person associated with VAN LEEUWEN LAW FIRM. This includes any assignment from a client that is to be performed by a specific person associated with VAN LEEUWEN LAW FIRM. Sections 7:404 and 7:407 subsection 2 of the Dutch Civil Code are herewith excluded.
  5. If, in the course of an assignment of a client, an event occurs which leads to any liability on the part of VAN LEEUWEN LAW FIRM, such liability shall be limited to the amount that is paid out in that specific case under the professional liability insurance of VAN LEEUWEN LAW FIRM, increased by the amount of the applicable deductible (eigen risico).
  6. If, by or in connection with the performance of an assignment of a client or otherwise, damage is caused to persons or property, for which VAN LEEUWEN LAW FIRM is liable, then the liability shall be limited to the amount paid out in that specific case under the general professional corporate liability insurance (AVB) of VAN LEEUWEN LAW FIRM, increased by the amount of the applicable deductible (eigen risico).
  7. Instructions are executed exclusively for the benefit of the client giving the instructions. Unless VAN LEEUWEN LAW FIRM expressly consents in writing, no one other than the client may rely on or has any rights in connection with the result of such instructions or the manner of execution thereof.
  8. If for whatever reason, no amount is paid out under either of the abovementioned insurances, the liability of VAN LEEUWEN LAW FIRM shall be limited to a maximum of € 100,000.–.
  9. Claims for damages shall expire after a period of one year following the day on which the client became aware of the damages and of VAN LEEUWEN LAW FIRM as the liable party.
  10. If VAN LEEUWEN LAW FIRM engages a person not associated with VAN LEEUWEN LAW FIRM to perform an assignment from a client, VAN LEEUWEN LAW FIRM shall not be liable vis-a-vis the client for any error or omission (fout) made by such a person. By instructing VAN LEEUWEN LAW FIRM, the client gives VAN LEEUWEN LAW FIRM authority to accept on behalf of the client a limitation of liability stipulated by such person.
  11. The scale of fees is indexed annually. All invoices presented by VAN LEEUWEN LAW FIRM must be paid within 15 days of the invoice date. An advance payment may be requested at any time for work that has been or will be carried out. VAN LEEUWEN LAW FIRM has the right to suspend work if the client fails to pay the invoice or if an advance payment is not provided. If the term of payment is exceeded, the client is in default and an interest charge for late payment, equivalent to the current statutory interest, shall be owed. If VAN LEEUWEN LAW FIRM is compelled to take measures to recover the amount owed from the client who is in default, the collection costs – the amounts of the extrajudicial costs in conformity with the Decision compensation extra-judicial costs of recovery of payments (Besluit vergoeding voor buitengerechtelijke incassokosten) – are for the account of the client.
  12. Pursuant to applicable legislation, VAN LEEUWEN LAW FIRM is obliged to verify the identity of its clients and to report certain unusual transactions to the authorities in certain circumstances. By instructing VAN LEEUWEN LAW FIRM, clients confirm that they are aware of this obligation and give their permission, insofar as this is required.
  13. The Complaints Procedure VAN LEEUWEN LAW FIRM (Klachtenregeling VAN LEEUWEN LAW FIRM) applies to the legal relationship between VAN LEEUWEN LAW FIRM and its clients.
  14. Dutch law shall govern the legal relationship between VAN LEEUWEN LAW FIRM and its clients. Any dispute between VAN LEEUWEN LAW FIRM and a client shall be resolved in the first instance exclusively by the District Court (Rechtbank) of Midden-Nederland, the Netherlands.