General conditions

1.       Blijdenstein Advocatuur B.V. is a limited liability company (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands. All provisions of these general terms and conditions are stipulated for the benefit of Blijdenstein Advocatuur B.V., the partners of Blijdenstein Advocatuur B.V., the persons currently or formerly employed by Blijdenstein Advocatuur B.V. including the partners and other employees, and all persons engaged by Blijdenstein Advocatuur B.V. in the performance of any engagement and all persons for whose acts or omissions Blijdenstein Advocatuur B.V. could be liable.

2.       These general terms and conditions apply to all engagements accepted by Blijdenstein Advocatuur B.V., including any additional and follow-up engagements.

3.       All engagements granted by clients are granted exclusively to Blijdenstein Advocatuur B.V. This also applies if the client grants an engagement expressly or implicitly with a view to the performance by a specific person. Sections 7:404 and 7:407(2) of the Dutch Civil Code (Burgelijk Wetboek) are excluded.

4.       Blijdenstein Advocatuur B.V. is free to have engagements granted to it performed by partners and persons employed by Blijdenstein Advocatuur B.V. designated by it and in relevant cases while engaging third parties.

5.       When engaging third parties, Blijdenstein Advocatuur B.V. will consult in advance with the client as much as possible. Blijdenstein Advocatuur B.V. is not liable for failures on the part of third parties. Blijdenstein Advocatuur B.V. has been authorised by the client to accept any limitations of liability applied by third parties on behalf of the client. Blijdenstein Advocatuur B.V. is not liable for damage that is the result of act or omission, and error or failure on the part of these third parties.

6.       Unless agreed otherwise, the fee will be calculated on the basis of the number of hours worked multiplied by the applicable hourly rates. Expenses, disbursements and VAT are charged separately.

7.       In case an event occurs during the performance of an engagement for a client that leads to liability, such liability is limited to the amount that is paid out in the relevant case under the professional liability insurance taken out by Blijdenstein Advocatuur B.V., to be increased by the amount of the excess that is for the account of Blijdenstein Advocatuur B.V. in the relevant case under the insurance contract. An incident as referred to in the first sentence also includes a failure to act. A claim on the part of the client in connection with the performance of the activities carried out Blijdenstein Advocatuur B.V. lapses and prescribes in any event one year after the moment at which the client became aware or could have been aware within reason of the existence of its rights and powers in this connection. The aforementioned rights and other powers lapse and prescribe in any event two years after the performance of the activities by Blijdenstein Advocatuur B.V.

8.       The client indemnifies Blijdenstein Advocatuur B.V. as well as the persons employed by it against all third-party liability related to or arising from the engagement granted to Blijdenstein Advocatuur B.V. in any way unless this liability is the consequence of intent or wilful misconduct on the part of Blijdenstein Advocatuur B.V. This indemnification also comprises the reasonable costs of legal assistance incurred in this connection.

9.       The office complaints procedure (that complies with the relevant regulations applicable under the Dutch Act on Advocates (Advocatenwet)) applies to every assignment that is accepted by Blijdenstein Advocatuur B.V. This procedure is made available upon request.

10.     The legal relationship between Blijdenstein Advocatuur B.V. and its clients is governed exclusively by Dutch law. Any disputes will be submitted exclusively to the competent court in Amsterdam, without prejudice to the right to submit an appeal to the Court of Appeal and the Supreme Court. Blijdenstein Advocatuur B.V. has its registered office in Amsterdam and is registered in the Commercial Register under number 83692959.