- Defares Advocaten B.V. (“Defares“) is a limited liability company (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, whose object is to conduct the practice of law.
- These General Conditions apply to every assignment accepted by Defares, including supplemental and follow-up assignments. The applicability of the terms and conditions of third parties and/or the client is expressly excluded. These General Conditions are available in the Dutch and English language. In the case of any discrepancy as to the contents and purport of these conditions, the Dutch text shall take precedence.
- All client assignments are considered by Defares to have been given to it as an organization. This shall also apply if the client expressly or implicitly intends the assignment to be performed by a specific person. The operation of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is excluded.
- If, in the context of the performance of an assignment, an event occurs which leads to liability, then such liability shall be limited to the amount which is paid out under the professional liability insurance taken out by Defares, plus the amount of the deductible which must be borne by Defares pursuant to the insurance policy in the matter concerned. Such event may include a failure to act.
- All legal services are performed by Defares for the client; third parties cannot derive any rights whatsoever from the services performed.
- As remuneration for legal services, the client is obliged to pay Defares legal fees, disbursements, other costs and VAT. The invoices of Defares must be paid within the term stated on the invoice or, in the absence of such a term, within 14 days after the invoice date. If a client fails to pay an invoice in full on or before the due date, the client is considered to be immediately in default, without a further notice of default being required.
- Defares may require the client to make an advance payment before it performs any legal services. Defares will set off the advance payment against its final invoice pertaining to the legal services performed.
- The provisions in these General Conditions are made for the benefit not only of Defares, but also of all persons working for Defares and all third parties engaged by Defares in carrying out an assignment.
- Defares shall take the necessary due care in selecting third parties to be engaged in carrying out an assignment and shall, insofar as possible, consult with the client in advance about such engagement. Defares is not liable for any acts or omissions of third parties. The client hereby authorises Defares to accept any limitations of liability of third parties on its behalf.
- The legal relationship between Defares and its clients shall be governed by Dutch law. Any dispute shall be exclusively submitted to the competent court in Amsterdam, the Netherlands.
Defares Advocaten B.V. has its corporate seat in Amsterdam, the Netherlands and is registered with the Dutch trade register in Amsterdam under number 54120675.