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1. DHK Tax and Legal B.V. is a partnership of private limited liability companies, hereinafter to be referred to as: “professional corporations”.
2. These General Conditions shall apply to all the assignments given to the partnership and/or its individual partners of the professional corporations and/or those working for the partnership.
3. All assignments referred to in article 2 are accepted and carried out exclusively by the partnership, with the exclusion of article 7:407 paragraph 2 Dutch Civil Code, provided that the partnership may engage persons associated with its office in the performance of such assignments under its supervision. The partners of the professional corporations and all those working for the partnership are not personally bound or liable.
4. Any contractual or non-contractual liability of the partnership and – should this occur – of partners of professional corporations and all those working for the partnership, is limited to the amount paid in the case at hand under the professional liability insurance, increased by the amount of the deductible on risk portion which is not for the account of the insurer according to the conditions of the policy. If the matter is not covered by the professional liability insurance, then the above liability is limited to the amount of the fee paid and/or due by the client regarding the assignment accepted by the partnership.
5. Whenever reasonably possible, third parties to be engaged by the partnership shall be selected after having consulted the client and by observing due care. No such consultation shall be required for the engagement of couriers. The partnership is not liable for any shortcomings on the part of third parties. The cost for engaging the services of third parties shall be borne by the client.
6. The client indemnifies the partnership, its partners, managing directors of the professional corporations and those working for the partnership against all claims of third parties, which are in any way related to the services rendered for the client and against the costs of legal assistance incurred by the aforementioned indemnified persons in connection with such claims, unless those claims ensue from gross negligence or intentional misconduct of the persons indemnified.
7. Unless otherwise agreed, the partnership shall charge a fee for its activities on the basis of the number of hours worked multiplied by the hourly rate to be established each year by the partnership.
8. Disbursements paid by the partnership on behalf of the client shall be charged in addition to the fee.
9. The amounts due by the client are generally invoiced to the clients on a monthly basis. Unless otherwise stipulated on the invoice, the payment term is 14 days, to be calculated as from the date of the invoice. Failure to pay entitles the partnership to charge statutory interest and extrajudicial collection costs.
10. The agreement between the client and the partnership shall be governed by Dutch law. Disputes shall be subject to the exclusive jurisdiction of the competent Dutch court in Rotterdam.
11. These General Conditions have also been established for the benefit of the partners of the partnership, the managing directors of the professional corporations and all those working for the partnership.
12. These General Conditions are drawn up in the Dutch and English languages. The Dutch text shall be binding in the event of any difference in content or tenor.
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