All instructions for the provision of legal services to any lawyer or legal assistant who is in the employ of Langelaar Klinkhamer Advocaten (in the following referred to as: “LKA”), shall lead exclusively, upon acceptance of these and insofar as this is necessary by setting aside the provisions of Section 404 and Section 407, subsection 2 of Book 7, Dutch Civil Code (BW), to an obligation between the client/ commissioning party and LKA. The General Terms and Conditions, as determined by LKA, shall be applicable.
The obligation ensuing from the instruction to provide legal services consists of performing to the best of one’s ability, based on the information supplied by the client/commissioning party and the nature of the instruction, unless the instruction explicitly provides, whether exclusively or not, for an action or a result. If the client/commissioning party wishes limitations regarding the performance of the instruction, it is the client’s/commissioning party’s duty to point out these limitations in writing.
All the clauses of these General Terms and Conditions have also been stipulated in favour of the partners of LKA, as well as the managing directors of these partners and all those who work for LKA whether or not (directly) employed by LKA. The right to invoke these General Terms and Conditions also extends to former partners and/or employees of LKA as well as those who have worked for LKA, not being an employee, including their respective heirs, if they are held liable after they have left LKA.
Unless explicitly agreed otherwise, LKA is free to determine which lawyer or legal assistant shall carry out the instruction.
If third parties need to be engaged by LKA for the performance of the instruction or if these have been engaged in consultation with the client/commissioning party, LKA is not liable for shortcomings by these third parties and is entitled to accept a possible limitation of liability on the part of that third party without prior consultation with the client/commissioning party. Claims against that third party shall be transferred to the client/commissioning party at his request.
The client/commissioning party indemnifies and holds LKA harmless from and against all third party claims, including all costs directly or indirectly arising in whatever manner from the activities carried out for the client/commissioning party.
The personal liability of any lawyer or legal assistant in the employ of LKA is explicitly excluded. Only LKA is liable for mistakes made in connection with the performance of the instruction, if any. This liability shall be limited to the amount paid out in the matter concerned towards the claim under the professional liability policy taken out by LKA, increased by the amount of the excess/own risk.
If through or in connection with the provision of services for a client/commissioning party under an engagement or otherwise, any damage, loss or injury is caused to persons or things for which LKA, or one or more persons in its employ, are liable, such liability shall be limited to the amounts which can be claimed under the General Liability Insurance taken out by LKA, including the insured deductible risk/own risk.
In the event and to the extent and for ever whatever reason that no monies are paid out under the professional liability insurance, any and all liability of LKA shall be limited to two times the amount of fees LKA has charged the client/commissioning party up to a maximum of Euro 10,000.00.
LKA can accept no liability whatsoever if any services it has provided are used, without its explicit written consent, for any purpose or in any case, howsoever similar, other than that for which these services were intended.
The client/commissioning party is obliged to pay a fee for the services and work performed by LKA which shall be calculated on the basis of the time spent on the provision of services at the hourly rates applicable at the time of the provision of services for the lawyer or legal assistant concerned, unless a special rate or fee has been agreed upon for the provision of services. An hourly rate agreed upon with or determined by LKA can be unilaterally modified within reason each year by LKA.
Apart from the fee, the client/commissioning party shall owe a fixed amount for office and filing expenses equal to 7% of the fee due in this respect, and the client/commissioning party shall also owe all other costs and disbursements incurred by LKA in the performance of the instruction for the benefit of the client/commissioning party.
If the commissioning party and the client are not the same party, the client and the commissioning party shall be jointly and severally liable for what is owed to LKA regarding the services or work performed for the client, unless one or the other has been discharged explicitly by LKA from this joint and several liability.
Any invoice of LKA must be paid without suspension or set off within 14 days of the invoice date and an advance payment must be paid immediately. After expiry of this term the statutory interest valid at that time in the Netherlands shall be payable by the client/commissioning party without having been ordered to do so.
Legal and extrajudicial costs to be incurred by LKA in order to collect its invoices shall be at the expense of the client/commissioning party. Payment has to be made into the account as specified in the invoice.
No claim can be made with regard to an obligation of LKA to store the file and/or the documents that still form part of it after five years as of the termination of the instruction and/or after the last invoice in this file has been sent.
Dutch law applies to all instructions. Disputes concerning the performance of the instruction and/or payment of the invoice shall, with exception of the invoking by the parties of assessment by the professional organization of what is owed by the client/commissioning party after a timely challenge of the invoice, be submitted exclusively to the judgment of the competent Court.
In the event of any differences between the English text and the Dutch text of these General Terms and Conditions, the Dutch text shall prevail.