General Terms and Conditionsadmin.mathieu2023-04-06T17:16:14+02:00
General Terms and Conditions
Bronsgeest Deur Advocaten is a public company incorporated under Dutch law with its registered office in Amsterdam. A list of persons holding shares in Bronsgeest Deur Advocaten trough their respective professional corporation and who are also referred to as “partners”, will be provided upon request.
These General Terms and Conditions apply to all activities performed or to be performed by or on behalf of Bronsgeest Deur Advocaten and to all its legal relationships with third parties and shall also apply to a client’s supplementary and follow-up instructions.
In addition to Bronsgeest Deur Advocaten, all persons engaged in the execution of any instructions of a client, irrespective of whether they are still working for Bronsgeest Deur Advocaten, are entitled to rely on these General Terms and Conditions. These General Terms and Conditions also apply to managing directors of the private limited companies mentioned in article 1.
Bronsgeest Deur Advocaten is the sole contractor in respect of all activities. All assignments are exclusively accepted and performed by Bronsgeest Deur Advocaten, even if it is the client’s explicit or implied intention that instructions shall be carried out by a specific attorney. The applicability of Articles 7:404 and 7:407(2) of the Dutch Civil Code is explicitly excluded.
If the activities assigned to Bronsgeest Deur Advocaten involve the engagement of third parties, Bronsgeest Deur Advocaten, if and insofar as possible, will consult with the client in advance, except in instructing bailiffs or trial lawyers. Bronsgeest Deur Advocaten will observe due care in selecting such third-party contractors. Bronsgeest Deur Advocaten is not liable for errors or shortcomings of any such third party in the performance of its services. Bronsgeest Deur Advocaten has the right to accept a limitation of liability stipulated by any such third party on behalf of the client. Third parties referred to in this article include attorneys practising outside the Netherlands, bailiffs and others, engaged by Bronsgeest Deur Advocaten.
Any liability on the part of Bronsgeest Deur Advocaten for activities performed or to be performed by or on behalf of Bronsgeest Deur Advocaten is limited to the amount for which there is entitlement in the relevant matter under the professional liability insurance policy or policies concluded by Bronsgeest Deur Advocaten, increased by the amount of the deductible (eigen risico) which, under the conditions of the insurance policy or policies, is for the account of Bronsgeest Deur Advocaten in the relevant matter. If for any reason whatsoever no payment is made under the terms of the professional liability insurance policy, the liability of Bronsgeest Deur Advocaten will be limited to an amount not exceeding the fee charged and paid in the case concerned, with a maximum of EUR 50,000. This limitation does not apply in the case of wilful intent or gross recklessness.
All rights of claim and other powers that the client has for whatever reason vis-à-vis in relation to the performance of the work carried out by Bronsgeest Deur Advocaten need to be addressed by the client on the shortest term possible and will, in any event, lapse one year after the date on which the client became aware or could reasonably have been aware of the existence of these rights and powers. In all cases, the aforementioned rights and other powers lapse two years after the performance of the work by Bronsgeest Deur Advocaten.
Other than in the event of wilful intent or gross negligence on the part of Bronsgeest Deur Advocaten, the client indemnifies Bronsgeest Deur Advocaten from and against any claims, rights and causes of action a third party may have or may lodge against Bronsgeest Deur Advocaten at any tim