General Terms and Conditions
- Smeets Gijbels B.V. is a private limited company that was incorporated under Dutch law. Its object is to practise the legal profession. On request, we will send a list of the shareholders in Smeets Gijbels B.V., that is, of the persons who hold shares in Smeets Gijbels B.V. through their respective holding companies, also referred to as partners.
- The stipulations set out in these General Terms and Conditions were prepared not only for Smeets Gijbels B.V., but also for all ‘partners’ (as mentioned above) and all other persons employed by Smeets Gijbels B.V., as well as all persons for whose acts and omissions Smeets Gijbels B.V. could be held liable.
- All instructions are accepted and executed only by Smeets Gijbels B.V. as such. This also applies when it is the explicit or implicit intention to have the instruction executed by a particular person. The applicability of Article 7:404 of the Dutch Civil Code, which provides for a regulation for the latter case, and of Article 7:407, paragraph 2 of the Dutch Civil Code, which establishes joint and several liability for cases in which an instruction is assigned to two or more persons, is explicitly excluded.
- Smeets Gijbels B.V. is, on its own responsibility, entitled to have instructions executed by ‘partners’ (as mentioned above) and members of staff of Smeets Gijbels B.V. it has appointed, with the use of third parties, as appropriate.
- During the execution of assigned instructions, during the execution of all activities and during the selection of other persons it deploys, Smeets Gijbels B.V. will act like a prudent contracted party. Smeets Gijbels B.V. is not liable for third-party shortcomings, except in the event of intent or gross negligence on the part of Smeets Gijbels B.V.
- If the execution of an instruction by Smeets Gijbels B.V. leads to liability, such liability will, with due observance of the provisions in article 5, always be limited to the amount paid out under the applicable liability insurance of Smeets Gijbels B.V. in the case in question, plus the policy excess payable by Smeets Gijbels B.V. by virtue of the applicable insurance contract in the case in question.
- If for whatever reason, no payment is made under the insurance referred to in article 6, every liability is limited to three times the fee charged by Smeets Gijbels B.V. in the case in question in the year in question, subject to a maximum of EUR 50,000.
- Smeets Gijbels B.V. is authorised to accept any third-party liability limitations as referred to in article 4 on behalf of the client. All liability of Smeets Gijbels B.V. for a third-party shortcoming is limited to the amount the client could have received in the event of a direct claim against that third party.
- Invoices from Smeets Gijbels B.V. must be paid within 15 days of the invoice date, without suspension or set-off. Subject to a prompt written objection from the client, Smeets Gijbels B.V. and its Trust Account Foundation are entitled to set off or use money received from or on behalf of the client against or for anything the client owes Smeets Gijbels B.V. All judicial and extrajudicial costs associated with the collection of claims - subject to a minimum of 15% on the amount to be collected ‑ are payable by the client. Judicial costs are not limited to the costs of the proceedings to be assessed, but will be at the full expense of the client, if he is (mainly) found against.
- These General Terms and Conditions are formulated in Dutch and English. In the event of a dispute about the content or purport of these General Terms and Conditions, the Dutch version will be binding. The legal relationship that is subject to these General Terms and Conditions is governed by Dutch law. Disputes will be settled by the District Court in Rotterdam. If Smeets Gijbels B.V. acts as the claimant, it is authorised, in derogation from the above, to submit the dispute to the (foreign) court that applies to the client.
- Smeets Gijbels B.V. is entitled to change the basic hourly rate it applies and the travel allowance it applies for journeys undertaken by car or train. If the change constitutes an increase of more than 10%, or when an increase takes place within 3 months of the instruction between Smeets Gijbels B.V. on the one hand and the client on the other being effected, the client is entitled to terminate the agreement. This right lapses on the 15th day after the invoice date of the first invoice, which was sent to the client after the increase of the basic hourly rate and/or the aforementioned travel allowance.
These General Terms and Conditions have been filed at the Registry of the District Court in