General terms and conditions
1. The partnership Pfeiffer Thie Advocaten en Mediators, hereinafter also referred to as “Pfeiffer Thie”, is established in Hellevoetsluis and registered in the trade register of the Chambers of Commerce under number 70204217 and has the company description “Advocatenpraktijk”.
2. The most recently filed general terms and conditions always apply to all assignments given to Pfeiffer Thie.
3. All assignments given to Pfeiffer Thie, or its personnel and / or persons working on its behalf, are exclusively accepted and carried out by Pfeiffer Thie, in deviation and with the express exclusion of the provisions of the Articles 7: 404 and 7: 407 BW. Therefore to the exclusion of – among other things – the stipulation that when an assignment is received by two or more persons, they are each liable for the whole.
4. These general terms and conditions have been drawn up not only for Pfeiffer Thie, but also for the benefit of all its current and former directors, all its current and former employees, all current and former third parties engaged on its behalf, respectively all for which it could be liable.
5. The client is always obliged to supply the data and information deemed necessary for the execution of the assignment in the opinion of Pfeiffer Thie, whereby the client also guarantees the correctness of that data and information.
6. If Pfeiffer Thie accepts the assignment, this will result in a best efforts obligation on the part of Pfeiffer Thie, not an obligation of result.
7. Pfeiffer Thie is entitled to make use of the services of third parties in the performance of the assignment accepted by it. She will consult with the client as much as possible in advance. Nevertheless, it is entitled to accept any liability limitations of third parties on behalf of the client without prior consultation. Any liability of Pfeiffer Thie for a shortcoming of a third party engaged by it is excluded. The costs associated with engaging third parties are at the expense of the client.
8. The client indemnifies Pfeiffer Thie against all claims from third parties for whatever reason, including all costs to be incurred by Pfeiffer Thie as a result, arising from the work of Pfeiffer Thie, unless there is intent or gross negligence on the part of Pfeiffer. Thie.
9. Any liability of Pfeiffer Thie is limited to the amount to which its professional liability insurance or general corporate liability insurance is entitled in the case in question, increased by the amount of the deductible according to the relevant policy. This limitation of liability also applies in the event that an order was wrongly refused, resulting in damage, as well as in the event of liability due to the malfunctioning of equipment, software, data files, et cetera. Pfeiffer Thie undertakes to take out professional liability insurance up to at least twice the minimum amount prescribed by the Netherlands Bar Association.
10. In the event that, for whatever reason, there is no right to payment under the aforementioned insurance policies, Pfeiffer Thie hereby limits any liability to an amount of EUR 25,000 or to the amount that it has paid in the relevant file. (excluding VAT) was charged to the client, depending on which amount is the lowest.
11. All claims and powers that the client can invoke against Pfeiffer Thie for whatever reason, will lapse if they have not been received in writing (by registered mail) and with reasons by Pfeiffer Thie within one year after the client was known or reasonably known. could have been, with the existence of these claims and powers.
12. Unless otherwise agreed, the client will receive at least one invoice every month for Pfeiffer Thie’s activities. Worked time is written in units of 6 minutes and is rounded up. Unless otherwise agreed, the invoice amount is composed of fee (based on hours worked and applicable hourly rate), office costs (which are a fixed 6% of the fee), costs of third parties (including disbursements) and the sales tax on these amounts. If Pfeiffer Thie works on the basis of an advance payment, the invoice will be deducted from the advance payment paid by the client. As soon as the work to be invoiced and / or costs of third parties threaten to exceed the advance paid by the client, Pfeiffer Thie is entitled to suspend its work until it receives a new advance to be determined by it. Pfeiffer Thie is entitled to change the amount annually on account of fee and office costs insofar as this increase does not exceed 10%.
13. If, for whatever reason, the client cannot claim legal assistance partly financed by the government, Pfeiffer Thie is entitled to increase the usual hourly rate, plus 6% office costs, of the attorney attending the proceedings, as well as the costs of third parties. with sales tax, to be charged to the client.
14. Invoices must be paid within 14 days of the invoice date. Failing this, the client is in default by operation of law, therefore without further notice. In that case, the client owes a contractual interest of 1% per month, or part thereof, on the invoice amount, as well as reasonable costs for acquisition out of court as referred to in art. 6:96 paragraph 2 sub c of the Dutch Civil Code in accordance with the Decree on compensation for extrajudicial collection costs.
15. Complaints about invoices must be received in writing and substantiated by Pfeiffer Thie within 14 days after the invoice date, under penalty of forfeiture, by registered mail.
16. Pfeiffer Thie is at any time entitled to demand security for the payment of its invoices. If the requested security is not provided, and / or if invoices are left unpaid within the payment term and / or a requested advance is not paid, Pfeiffer Thie is entitled to suspend or terminate its activities. Pfeiffer Thie is not liable for damage on any account due to the suspension or termination of its activities for this reason.
17. Funds that Pfeiffer Thie receives on behalf of the client are deposited into the bank account of Stichting Beheer Derdengelden Pfeiffer Thie Advocaten. No interest is paid on the amounts thus received.
18. After the assignment has been completed, all documents originating from the client are available to the client. The file will be destroyed after 5 years.
19. In all matters between Pfeiffer Thie and the client, the latter is deemed to have chosen domicile at the address that he last provided to Pfeiffer Thie.
20. If Pfeiffer Thie accepts the assignment, this agreement of assignment is exclusively governed by Dutch law. The Dutch court has exclusive jurisdiction to hear any disputes that may arise from this agreement.
These general terms and conditions have been filed with the registry of the District Court in Rotterdam.
