1. The partnership Visser Schaap & Kreijger (hereinafter also: “the Partnership”) is a Dutch partnership consisting of private limited companies and natural persons (hereinafter: “the Partners”). The Partnership’s registered office is in Amsterdam, the Netherlands, and it is listed in the Trade Register under number 62388959.
  2. Unless otherwise agreed in writing beforehand, these General Terms and Conditions apply to any legal relationship, including engagements, follow-up engagements and supplemental engagements, between Visser Schaap & Kreijger and the client. Any general terms and conditions utilised by the client expressly do not apply.
  3. These General Terms and Conditions have also been drawn up for the benefit of the Partners and anyone working (or who has worked) for them or the Partnership or engaged by the Partnership to carry out any engagement.
  4. All engagements will be deemed to have been given solely to the Partnership and not to any person affiliated with the Partnership, even if the parties intend that an engagement is to be carried out by a certain person affiliated with the Partnership. Sections 7:404, 7:407(2) and 7: 409 of the Dutch Civil Code do not apply. The client may not hold any other natural person or legal entity besides the Partnership liable for the performance of the agreement or for compensation.
  5. In carrying out engagements, Visser Schaap & Kreijger may engage third parties, if and insofar as it deems this necessary and, insofar as possible, after consulting with the client. The Partnership will not be liable for mistakes or breaches by third parties. By engaging Visser Schaap & Kreijger, the client thereby grants the Partnership the authority to accept, on the client’s behalf as well, the general terms and conditions and potential limitations on liability of third parties to be engaged.
  6. With respect to the performance of the engagement, the client will owe the hourly rate, applicable when the work is carried out, of the persons concerned, plus office expenses, disbursements and  VAT.
  7. In principle, the client will receive an invoice each month for the work performed. If it has been agreed with the client that the client must make an advance payment before the work begins, this payment will be set off against the last invoice relating to the engagement provided.
  8. The client must pay within 14 days of the invoice date. If payment has not been received within this period, the client will be deemed to be in default without further notice of default, and the Partnership will be entitled to charge statutory interest.
  9. Any liability on the Partnership’s part will be limited to the amount to be paid out by the insurer in this respect, plus the Partnership’s excess under this insurance. If the insurer does not make any payment, the total liability will be limited to the amount charged in connection with the engagement. A claim will in any event be extinguished if the Partnership has not been notified in writing of this potential claim within one year after the event or circumstance possibly giving rise to liability was discovered.
  10. Any claim, for compensation or otherwise, against natural persons, employees, directors or companies (including the persons affiliated with them) who/which are employed by Visser Schaap & Kreijger or with whom/which the Partnership has concluded agreements in connection with its business operations and who/which might be held liable or co-liable for the occurrence of damage is excluded.
  11. The client indemnifies the Partnership against any claims by third parties which relate in any way to the work performed for the client. The client will reimburse the Partnership for the reasonable costs of defending such claims.
  12. The Partnership’s complaints handling scheme applies to any legal relationship between Visser Schaap & Kreijger and the client. Visser Schaap & Kreijger is a party to the Complaints Handling and Dispute Settlement Scheme for the Legal Profession [Klachten- en Geschillenregeling Advocatuur].
  13. In carrying out engagements, the Partnership and the Visser Schaap & Kreijger Trust Account Management Foundation [Stichting Beheer Derdengelden Visser Schaap & Kreijger] may maintain custody of client or third-party funds. The Partnership and the Visser Schaap & Kreijger Trust Account Management Foundation will deposit these funds with a bank selected by the Partnership in consultation with the interested parties. The Partnership and the Visser Schaap & Kreijger Trust Account Management Foundation will not be liable if this bank does not fulfil its obligations.
  14. As a result of applicable regulations (including the Dutch Money Laundering and Terrorist Financing (Prevention) Act [Wet ter voorkoming van witwassen en financieren van terrorisme]), the Partnership must verify the identity of clients and report unusual transactions to the authorities under certain circumstances. By engaging the Partnership, the client thereby affirms that it is aware of this and, insofar as necessary, consents to this.
  15. The Partnership and all persons working for the Partnership will have the client’s permission to communicate with the client through non-secure, electronic means of communication, such as by email, fax or telephone, except if other written agreements have been made beforehand.
  16. The Dutch text of these General Terms and Conditions will be binding in the event of a dispute about the content or effect of these  General Terms and Conditions in any translated version.
  17. Dutch law governs the legal relationship between the Partnership and its clients. Any disputes will exclusively be brought before the competent court in Amsterdam.
  18. These General Terms and Conditions have been filed with the registry of the Amsterdam District Court and may be viewed on the Partnership’s website, www.ipmc.nl.

March 2015