GENERAL TERMS AND CONDITIONS of Kantoor mr. Geerts

 

Article 1 

The law office named kantoor mr. Geerts, (CC nr 70658544)

residing at the adress Den Hoogenkant 12, 5391 GB Nuland

will hereinafter be referred to as “the office” and/or “contractor”. The office will be duly represented by its owner, mr. (Jack) J.C.B.C. Geerts, oud-advocaat/former attorney at law, now residing in Nuland.

These general terms and conditions are applicable to all assignments and instructions clients will give to the office, its owner or the employees of the office, to deliver legal assistance as a lawyer or to perform legal activities as an arbitrator and/or as a tax lawyer, as from December 6th, 2019.

 

Article 2

The office is the contracting party. Instructions will exclusively be accepted and executed by the office. The office will provide with legal assistance to the best of its knowledge and abilities. The employees of the office, cannot be held personally liable. 

The office explicitely and totally -to the extend that is legally possible- exonerates any liability due to professional errors or otherwise. In any case the liablility of the office will not exceed the amount charged by the office to its instructor in the period of twelve months preceeding the claim. Moreover the liability will never exceed the amount of € 5.000, --.

In case the office makes use of the assistance of third parties to fulfill any instructions, the office cannot be held liable for their actions. The office will make a well-considered choice of these third parties. If reasonably possible the office will discuss the engagement of third parties with the client. The obligation to discuss does not apply to engagement of couriers and bailiffs.

 

Article 3

Barring other agreements the client is obliged to pay the office reimbursement based on the amount of time spent and the current rates for legal assistance. The reimbursement consists of the fee, increased with VAT and disbursements.

The current rates can be increased annually as of 1 January.

Fees will be charged by way of an advance and further on a periodical basis. Payment of the advance invoice has to be effected immediately. Payment of the other invoices has to be effected within 3 weeks of the billing date by means of a transfer to the account stated in the invoice. If payment is not made in time extrajudicial collection costs will be due pursuant to the Compensation of Extrajudicial Collection Cost Decree.

 

Article 4

Unless recollected by the client, the original file documents will be digitally kept at the office until 7 years after ending the assingment. Afterwards they will be destroyed.

 

Article 5

These terms and conditions have not only been stipulated for the benefit of the office, but also for the benefit of all those employed by the office.

 

 

Article 6

Further arrangements contrary to these general terms and conditions can exclusively be made in writing. Dutch law applies to the agreement between parties. Disputes will exclusively be judged upon by the competent Dutch courts. The Dutch text of these general terms and conditions is decisive for the interpretation.

 

Version: december 2019

 

GENERAL TERMS AND CONDITIONS of Advocatenkantoor mr. Geerts

 

Article 1

 

The law office named Advocatenkantoor mr. Geerts, domiciled in (5242 AN) Rosmalen (Holland) at the address Willem de Zwijgerlaan 13 (CC nr 70658544), will hereinafter be referred to as “the office” and/or “contractor”. The office will be duly represented by its owner, mr. (Jack) J.C.B.C. Geerts, advocaat/attorney at law, residing in Rosmalen.

 

These general terms and conditions are applicable to all assignments and instructions clients will give to the office, its owner or the employees of the office, to deliver legal assistance as a lawyer or to perform legal activities as an arbitrator and/or as a tax lawyer.

 

Article 2

 

The office is always considered to be contractor. Instructions will exclusively be accepted and executed by the office notwithstanding the provisions of section 404 of Book 7 of the Dutch Civil Code. This means that the client agrees to the fact that the office accepts the instructions under her responsibility and a lawyer employed in the office will execute these instructions. The office will provide with legal assistance to the best of its knowledge and abilities. The employees of the office, cannot be held personally bound or liable. The office is insured against liability for professional errors towards clients and/or third parties. The policy is available for inspection at the office.

 

The office excludes any liability due to professional errors explicitly in case and to the extent as the professional liability insurance will not entitle to claims for coverage or payment.

 

In case the office makes use of the assistance of third parties to fulfill any instructions, the office cannot be held liable for their actions. The office will make a well-considered choice of these third parties. If reasonably possible the office will discuss the engagement of third parties with the client. The obligation to discuss does not apply to engagement of couriers and bailiffs.

 

Article 3

 

Barring other agreements the client is obliged to pay the office reimbursement based on the amount of time spent and the current rates for legal assistance. The hourly rate is based on the years of experience of the conducting lawyer. The reimbursement consists of the fee with a surcharge of 7% for office expenses, increased with VAT and disbursements.

 

The current rates can be increased annually as of 1 January.

 

Fees will be charged by way of an advance and further on a monthly basis. Payment of the advance invoice has to be effected immediately. Payment of the monthly invoices has to be effected within 3 weeks of the billing date by means of a transfer to the account stated in the invoice. If payment is not made in time extrajudicial collection costs will be due pursuant to the Compensation of Extrajudicial Collection Cost Decree.

 

Article 4

 

Unless collected by the client, the original file documents will be kept at the office until 7 years after closing down the case. Afterwards they will be destroyed.

 

Article 5

These terms and conditions have not only been stipulated for the benefit of the office, but also for the benefit of all those employed by the offic

 

Further arrangements contrary to these general terms and conditions can exclusively be made in writing. Dutch law applies to the agreement between parties. Disputes will exclusively be judged upon by the competent Dutch courts. The Dutch text of these general terms and conditions is decisive for the interpretation.

 

(Version janauary 2018)