1. These general terms and conditions shall apply to all services of Hendriksen Advocatuur.
  2. While setting aside articles 7:404, 7:409 and 7:422 paragraph 1 under b of the Civil Code, all assignments shall only be accepted and carried out by Hendriksen Advocatuur.
  3. Hendriksen Advocatuur is a company fulfilling the requirements set thereto by the Netherlands Bar.
  4. These general terms and conditions shall also serve for the benefit of the directors, as well as for the persons employed for the company.
  5. Any liability of Hendriksen Advocatuur shall be limited to the amount that by reason of its liability insurance would be paid out in the matter in question, increased by the amount of any policy excess not payable by the insurers in accordance with the policy conditions. In case and insofar as, for whatever reason, payment does not take place by reason of the liability insurance, liability shall be limited to the maximum of the amount of the declaration(s) in the matter in question.
  6. Upon calling in third parties Hendriksen Advocatuur shall, if this is reasonably possible, consult beforehand with its principal, and at any rate exercise due care in selecting third parties. Hendriksen Advocatuur shall not be liable for shortcomings of these third parties. The principal agrees to Hendriksen Advocatuur accepting stipulations limiting the liability of third parties on behalf of principal.
  7. Hendriksen Advocatuur shall only commence or continue its activities for principal after principal shall have paid an advance or where appropriate, shall have furnished security. The level thereof shall in reasonableness be determined by Hendriksen Advocatuur.
  8. Unless otherwise agreed on in writing, the fee that principal is to pay to Hendriksen Advocatuur shall be calculated on the basis of the number of hours spent multiplied by the hourly rates to be determined annually by Hendriksen Advocatuur and increased by V.A.T. Costs that Hendriksen Advocatuur pays to third parties on behalf of principals shall be charged separately. A 7% percentage of the fee shall be charged by way of reimbursement of all general office costs. General office costs do not only include costs such as paper, postage, telephone, fax, copying and E-mail costs, but also all other costs related to the provision of service in a case, as well as all costs arising from the National Bar’s Bookkeeping Regulations.
  9. Unless otherwise immediately agreed on Hendriksen Advocatuur shall send a declaration for its activities once every quarter. Declarations are to be paid within fourteen days after date of invoice, in the absence of which the activities may be suspended and legal interest may be charged. Collection charges shall be borne by principal.
  10. On termination of its activities for principal Hendriksen Advocatuur shall return the documents and any legal documents originating from this principal by surface mail and place the file into the archives. It reserves the right to destroy archived files 5 years after archiving with due observance of the regulations applicable to that effect. Court documents in criminal proceedings received from a judicial authority shall either be returned forthwith after termination of the case to that authority or destroyed.
  11. With due observance of the National Bar’s Ordinance on publicity and with due observance of client’s privacy Hendriksen Advocatuur shall be free without further consultation to cooperate in the publicity on a case within the scope of promotion of interests. Also after termination of the case shall that freedom exist on the understanding that such takes place as much as possible in consultation with client. In so far as co-operation is given to publicity without that taking place within the scope of promotion of interests Hendriksen Advocatuur shall be free in this respect provided client’s interest is not harmed.
  12. If necessary Hendriksen Advocatuur shall be free to mutually arrange replacement possibilities to being a party in judicial proceedings.
  13. Hendriksen Advocatuur shall record on a sound carrier the contents of a telephone conversation conducted by a lawyer.
  14. The legal relationship between Hendriksen Advocatuur and its principals shall be governed by Dutch law. All disputes arising from that legal relationship shall only be settled by the competent court in Amsterdam.