General terms and conditions ScheerSanders

GENERAL TERMS AND CONDITIONS OF SCHEERSANDERS ADVOCATEN

 

1. General

 

1.1 ScheerSanders is a partnership under Dutch civil law, hereinafter referred to as: the partnership. The partnership is domiciled in The Hague.

1.2 In these terms and conditions, “client” is to be understood as the person(s) who has/have entered into a professional services agreement with a lawyer who is associated with the partnership.

 

2. Assignment

 

2.1 These general terms and conditions are applicable to all assignments accepted by the partnership, unless otherwise agreed in writing.

2.2 Each assignment entered into with a lawyer who is associated with ScheerSanders shall be deemed given to the partnership.

2.3 All assignments are governed by Sections 7:400 up to and including 7:413 Dutch Civil Code, except for Section 7:404 and Section 7:407, Paragraph 2.

 

3. Fee

 

3.1 Unless explicitly agreed otherwise, the amount of the fee is determined on the basis of the hours spent and the agreed hourly rate. If an hourly rate has not been agreed explicitly, the fee shall be calculated based on the usual rate for the lawyer concerned.

3.2 In the event of services of an urgent nature, the partnership is entitled to apply a surcharge of up to 50% to the agreed hourly rate.

3.3 The applicable hourly rate is at all times exclusive of VAT and disbursements. These will be calculated separately.

3.4 Disbursements include but are not limited to the travel and hotel expenses, the costs of services performed by third parties (such as bailiffs, information agencies), the costs of extracts (from the Municipal Registry of Births, Marriages and Deaths, the Municipal personal records database, the Chamber of Commerce, et cetera), as well as, in the event of legal proceedings, the court registry fees charged by the court.

3.5 The partnership is at all times entitled to demand the client to make an advance payment before the agreed services are performed or continued. Unless agreed otherwise, a received advance payment shall be set off against the final invoice concerning the assignment.

3.6 Unless explicitly agreed otherwise, the partnership is entitled, also during the term of the assignment, to increase the agreed hourly rate each year on 1 January by a maximum of 10%.

 

4. Legal aid

 

4.1 If an application for legal aid has been submitted for the client and if such legal aid is granted by the Dutch Legal Aid Council (Raad voor Rechtsbijstand) with the obligation to pay a personal contribution, such contribution shall be payable within 30 days after the client has been requested to pay.

4.2 If an application for legal aid is submitted, the partnership shall be entitled to demand a retainer on the expected personal contribution and the expected payable court registry fees before the agreed services are performed or continued.

4.3 Disbursements which are not covered by the legal aid shall be charged to the client by the partnership. With respect to such disbursements the previous paragraphs shall apply accordingly.

4.4 If following an application for legal aid no legal aid is granted and the client continues the assignment, the partnership shall agree with the client which fee shall apply to the services to be performed. This arrangement shall be confirmed in writing, in which case all performed services shall be governed by these general terms and conditions with regards to the fee and the disbursements.

 

5. Invoicing, payment

 

 

5.1 The partnership is entitled to invoice the client on a monthly basis for the services performed in the previous period as well as the disbursements.

5.2 The due date of all invoices is 30 days after sending. Unless stated otherwise, the invoice date shall qualify as sending date.

5.3 Payment of invoices must be made without any deduction, discount or set-off of debts.

5.4 If the client fails to pay an invoice before the due date, the client shall be in default by operation of law and shall owe, as of the 31st day, the statutory late payment interest pursuant to Section 6:119 Dutch Civil Code respectively, if applicable, Section 6:119a Dutch Civil Code, without prejudice to any further rights of the partnership.

5.5 If the client is in default, the client shall also owe the extrajudicial expenses. If the client is a natural person who does not act in the performance of a profession or business, the extrajudicial expenses shall be determined in accordance with Section 6:96, Paragraph 4 Dutch Civil Code. If the client acts in the performance of a profession or business, the actual incurred extrajudicial expenses shall be payable, with a minimum of 15% of the claimed amount.

5.6 The client herewith grants its irrevocable consent to the partnership, as well as to the foundation “Stichting Beheer Derdengelden ScheerSanders Advocaten”, which has authorised the partnership in this matter to set off any funds received for or from the client against - or to use them for the payment of - what the client owes the partnership.

 

6. Liability

 

 

6.1 The professional liability of the lawyers who are associated with the partnership shall be limited to the amount to which the partnership is entitled to receive payment per event under the professional liability insurance policy taken out by the partnership.

6.2 If and insofar as no insurance payment is made under the aforementioned professional liability insurance for whatever reason, all liability shall be limited to the amount of the fee invoiced by the partnership to the client in the relevant file, up to a maximum of € 12,500,00.

6.3 All claims shall expire in any event if, within one year after the event or circumstances that lead or may lead to liability, the client fails to notify the partnership of the claim in writing by registered mail. Per event, the one-year period shall start on the date on which the client has discovered, or reasonably should have discovered, the aforementioned event or circumstances.

6.4 The partnership does not accept liability for any failure to perform on the part of third parties who are engaged for the fulfilment of an assignment.

 

7. End of the assignment

 

7.1 The client and the partnership are at all times entitled to terminate the professional services agreement. Notification of termination shall be effected in writing.

7.2 In the event of (premature) termination of the assignment, the client shall owe the fees and disbursements based on the performed services up to the date of termination of the assignment.

 

8. Archiving

 

8.1 The file shall be archived for a period of at least five years after termination of the services, after which the partnership shall be at liberty to destroy it.

 

9. Disputes

 

9.1 Any disputes arising over the entering into and performance of the assignment, the quality of the services orthe amount of any invoice, shall be treated according to the applicable complaints procedure of ScheerSanders. This procedure is published on the website www.scheersanders.nl. A free copy of the procedure will be sent upon request.

9.2 Disputes which cannot be settled in according with the complaints procedure, mentioned in Paragraph 9.1, shall be settled in accordance with the Regulation of Disputes of the Bar (Reglement Geschillencommissie Advocatuur). This regulation is published on the website www.degeschillencommissie.nl. A free copy of the regulation will be sent upon request.

9.3 The partnership is entitled to submit a dispute to the civil court.

 

10. Entry into force

 

10.1 These general terms and conditions have entered into force on 1 April 2017.