NL / EN

General terms and conditions

The general terms and conditions as stated hereinafter are applicable to all work performed by THL Advocaten,

  1. THL Advocaten B.V. (“THL”) is a private company with limited liability. It sets itself the goal of exercising the profession of a lawyer, in the broadest sense of this word. Upon request, a list of persons who indirectly exercise control, hereinafter referred to as the “Partners”, can be sent.
  2. THL, its Partners, all persons who are employed by THL, all persons who are deployed to execute any assignment for a client, and all persons for whose act or omission THL shall be liable, can invoke these general terms and conditions. The same is applicable to former employees, including any successors, if they are held liable after they left the office of THL.
  3. The execution of the assignments takes place solely for the client. Unless expressly accepted in writing by THL, persons other than the client may not rely on execution of the work, nor on the result of the work, and cannot derive any rights from this.
  4. All assignments for clients shall only be accepted and performed by THL, also when it is the express or implied intention that an assignment shall be performed by a certain person. The application of article 7:404 of the Dutch Civil Code, that provides a regulation for the latter case, and the application of article 7:407 paragraph 2 of the Dutch Civil Code, that establishes joint and several liability for the cases in which an assignment is assigned to two or more persons, are excluded.
  5. THL is, under its responsibility, entitled to allow the awarded assignments to be executed by the Partners and persons working for THL who are appointed by THL for this purpose, i.e. by deploying third parties.
  6. The choice of the third parties to be deployed by THL shall, when justified and feasible, take place in consultation with the client whilst taking the necessary care. THL is not liable for any shortcomings by these third parties.
  7. It is possible that third parties who are deployed to execute an assignment for a client, limit their liability in this respect. THL assumes, and if necessary, requires that all of its assignments awarded by clients include the power to accept such a limitation of liability on behalf of these clients.
  8. If when executing an assignment for a client, an unexpected event occurs that results in liability, this liability shall be limited to the amount or the amounts that can be claimed from the professional liability insurance taken out by THL, including the policy excess that THL has for this insurance. The event referred to in the previous sentence also includes negligence.
  9. If during or in relation to the execution of an assignment for a client or otherwise, injury is inflicted on persons or damage to objects occurs, for which THL is liable, this liability shall be limited to the amount or amounts that can be claimed from the general liability insurance taken out by THL, including the policy excess that THL has for this insurance.
  10. If, for any reason, neither of the aforementioned insurances enables any amount to be claimed, then the liability of THL is limited to a maximum of € 50,000.-.
  11. Every claim for compensation shall become null and void after the expiry of one year after the commencement of the day, following the day on which it has become evident that client has sustained damage and that THL is the person possibly liable for this.
  12. The client indemnifies THL and its agents against claims from third parties, who allege to have suffered damage by or in connection with work performed by THL for the client.
  13. The bills from THL must be paid within 14 days of the invoice date. If this period is exceeded, the client is in default and statutory interest is payable on the outstanding amount.
  14. Dutch law shall be applicable to the legal relationship between THL and its clients. Only the Dutch court of law in Rotterdam shall be competent to take cognisance of any dispute that may arise between THL and a client.
  15. These general terms and conditions are also applicable to modified and additional assignments and follow-on assignments. They are drawn up in Dutch and in English. In the event of a dispute about the content or meaning of these terms and conditions, the Dutch text shall be binding.

THL B.V. has its registered office in Rotterdam and is registered in the Trade Register under number 24399654. These general terms and conditions have been deposited with the clerk of the courts of law in Rotterdam under deed number 1/2013 and are included on the website of THL: www.thladvocaten.nl.

7th January 2013

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