Terms and conditions of Hundscheid Griffioen Advocaten

Hundscheid Griffioen Advocaten

1. Hundscheid Griffioen Advocaten is the name
under which the partnership Hundscheid Griffioen
Advocaten, registered in the trade register of the
Chamber of Commerce under number 91948517, is
represented.
Assignment and general terms and conditions
2. These general terms and conditions shall
apply to all instructions given to and all work carried
out by or on behalf of the firm referred to above and to
all legal relationships connected therewith.
3. These general terms and conditions also apply
to all former, current and future lawyers and employees
of the aforementioned firm cases and all persons
engaged by the Contractor mentioned below under 5.
in the performance of an assignment, respectively all
persons for whose acts or omissions the Contractor
might be liable. All that is stipulated in these general
terms and conditions for the benefit of the Contractor
shall be deemed to be an irrevocable third-party clause
within the meaning of Article 6:253 of the Dutch Civil
Code.
4. The applicability of general terms and
conditions, by whatever name, of the client as principal
is expressly rejected.
5. An assignment agreement shall only be
concluded between the client as client on the one hand
and the partnership Hundscheid Griffioen Advocaten,
hereinafter referred to as “Contractor” on the other
hand. The client may not hold any person other than
the Contractor liable for the performance of the
agreement or hold him liable for damages. This also
applies if an assignment is intended to be performed by
a specific person. Article 7: 404 of the Dutch Civil Code,
which regulates the latter case, and Article 7: 407(2) of
the Dutch Civil Code, which provides for joint and
several liability for cases in which an assignment is
given to two or more persons, are not applicable.
Execution of the instruction
6. The Contractor shall exercise the due care of a
good Contractor in the performance of assignments
given to him.
7. The client is obliged to provide all relevant
information and documents necessary for the proper
performance of the assignment. He must guarantee the
correctness and completeness thereof.
8. The Contractor has a best-efforts obligation
towards the client and does not guarantee that the
intended result will be achieved.
9. The performance of an assignment given to
the Contractor shall take place exclusively for the
benefit of the client. Third parties may not derive any
rights from advice given by the Contractor and work
performed by the Contractor.
If the client allows a third party to take cognizance of
advice given by the Contractor and work carried out by
the Contractor, the client must inform this third party
that it cannot derive any rights from this and must also
ensure that this third party accepts these general terms
and conditions of Hundscheid Griffioen Advocaten.
10. The client indemnifies the Contractor and its
employees and auxiliary persons against all claims of
third parties, who claim to have suffered damages by or
in connection with advice provided by the Contractor
and work performed by the Contractor for the benefit
of the client and wrongfully reported by the Contractor
under the Dutch Act on the Prevention of Money
Laundering and Financing of Terrorism (Wet ter
voorkoming van witwassen en financieren van
terrorisme (Wwft)), except in the event of intent or
wilful recklessness on the part of the Contractor. This
indemnification also includes the costs related thereto.
11. The Contractor is free to have an assignment
given to it carried out under its responsibility by the
staff to be appointed by it. The Contractor shall be
authorized to engage third parties in the performance
of the assignment, including attorneys and bailiffs and,
after consultation with the client, experts and external
advisors.

Declaration and payment
12. The Contractor shall be entitled to increase its
rates from time to time within reasonable limits. The
increase shall not take place until six months after the
assignment has been given, at the earliest.
13. No suspension or settlement by the client is
permitted.
14. If the client fails to pay an invoice on time, all
judicial and extrajudicial collection costs reasonably
incurred by the Contractor will be borne by the client. If
the client is a natural person who is not acting in the
course of a profession or business, the extrajudicial
collection costs will be determined on the basis of the
Decree on Compensation for Extrajudicial Collection
Costs (Besluit vergoeding voor buitengerechtelijke
incassokosten). In other cases, the extrajudicial
collection costs will be set at, at least 15% of the unpaid
portion of the invoice with a minimum of € 150.00, to
be added to the out-of-pocket expenses charged to the
Contractor.
15. If the client fails to pay an invoice on time, the
Contractor will be entitled to suspend its activities or to
terminate the assignment.
Limitation of liability
16. Any liability on the part of the Contractor shall
be limited to the amount paid out under the
professional liability insurance taken out by the
Contractor, increased by the amount of the excess
applicable under that insurance. If, for whatever reason,
no insurance payment is made under this insurance
policy, the liability of the Contractor will be limited to
an amount of € 10,000.00.
17. The Contractor is not liable for shortcomings
on the part of third parties engaged in the performance
of an assignment and is entitled to accept liability
limitations on the part of third parties engaged by the
Contractor on behalf of the client.
18. Persons affiliated with the Contractor shall
under no circumstances be liable for shortcomings in
the performance of an assignment. Persons affiliated
with the Contractor include all former, current and
future employees, consultants, trainees, temporary
workers and other employees.
19. All claims for damages against the Contractor
shall lapse if they have not been brought before the
competent court within one year after the date on
which the person concerned became aware or could
reasonably have become aware of the existence of
these claims.

Data processing
20. All electronic communication, including e-mail,
shall be considered written. The client agrees that the
Contractor will use digital communication and data
storage services. The Contractor shall not be liable for
any damage resulting from the use thereof.
21. Both parties must ensure the security of
electronic communication and data storage by using an
updated virus protection, which is considered sufficient
in social intercourse. If this is met, one party shall not
be liable to the other party for damage in connection
with a transmitted virus.
22. If third parties are engaged in the
performance of assignments, the Contractor may bring
information from and about the client to the attention
of these third parties, unless the client has given prior
notice that its consent is required for this.
23. The Contractor shall process the personal
data of the client and persons working for the client for
the purpose of providing the best possible service and
complying with statutory obligations.
24. The Contractor shall keep electronic and/or
paper files for seven years after the last substantive
communication with the client in the case concerned.
At the end of this period, the Contractor may destroy
these files.

Final provisions
25. All legal relationships to which these general
terms and conditions apply shall be governed by Dutch
law.
26. Disputes relating to an order given to the
Contractor or work carried out by the Contractor shall
be settled by the District Court of Limburg, which shall
have exclusive jurisdiction. This also applies to
complaints as referred to in the prevailing office
complaints procedure, the settlement of which did not
lead to the satisfaction of the client.
If the Contractor acts as the plaintiff, he shall,
notwithstanding the foregoing, be entitled to bring the
dispute before the court with jurisdiction according to
the law.
27. These terms and conditions are available in
Dutch, English and German. In the event of a dispute
about the content or scope of these general terms and
conditions, only the Dutch text shall be binding.

Sittard, January 2024