General terms and conditions

Clause 1 De Pont | Reijrink Advocaten

1. De Pont | Reijrink Advocaten is a partnership between (1) the public partnership De Pont | Reijrink Advocaten (Chamber of Commerce number 55908713) and (2) Mr. H. de Pont B.V. (Chamber of Commerce number 18057182), which aims to practise law. De Pont | Reijrink Advocaten has its registered office in Tilburg, the Netherlands.

Clause 2 Applicability of the general terms and conditions

1. These general terms and conditions apply to all agreements concluded between the client and De Pont | Reijrink Advocaten and also apply to any supplementary and/or follow-up engagements arising from the engagement. General terms and conditions of our client are expressly not accepted.

2. These general terms and conditions are stipulated not only for the benefit of De Pont | Reijrink Advocaten, but also for the benefit of all natural persons and legal entities that are in any way involved, either directly or indirectly, in the services to be provided by De Pont | Reijrink Advocaten. This expressly includes partners, employees and associates who no longer work for De Pont | Reijrink Advocaten as well as their heirs.

Clause 3 The engagement

1. Engagements are deemed to have been agreed with De Pont | Reijrink Advocaten and are exclusively deemed to have been accepted by De Pont | Reijrink Advocaten, even if it is the explicit or tacit intention of the client to have the work carried out by one or more specific persons. De Pont | Reijrink Advocaten will determine which person or persons will carry out the work. The effect of Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is expressly excluded.

2. De Pont | Reijrink Advocaten will consult with the client before involving in the engagement one or more persons who are not associated with De Pont | Reijrink Advocaten either directly or indirectly. If such consultation should result in persons not associated with De Pont | Reijrink Advocaten being involved in the engagement, any liability for errors made by such persons not associated with De Pont | Reijrink Advocaten will be entirely excluded.

3. In the event of a difference of opinion concerning the way in which the engagement is to be carried out, De Pont | Reijrink Advocaten will have the right to terminate the engagement with immediate effect, in which respect the client will be obliged to pay the hours and costs incurred up to that time, including disbursements, immediately and without suspension or setoff. At such time, De Pont | Reijrink Advocaten will cooperate in transferring the engagement to another lawyer.

4. The above also applies in the event of cancellation of the engagement by the client.

Clause 4 Performance

1. The agreement entered into between the client and De Pont | Reijrink Advocaten will be performed exclusively for the client. Third parties cannot derive any rights from the activities of De Pont | Reijrink Advocaten. The client must indemnify De Pont | Reijrink Advocaten against any claims from third parties who claim to have suffered loss or damage either directly or indirectly as a result of the work that De Pont | Reijrink Advocaten has carried out for the client.

2. De Pont | Reijrink Advocaten will observe the applicable regulations when carrying out the engagement.

3. De Pont | Reijrink Advocaten will endeavour to act according to the standard of a reasonable and competent colleague in order to achieve the result intended by the client. However, it expressly does not guarantee that this intended result will be achieved.

Clause 5 Fees and disbursements

1. De Pont | Reijrink Advocaten will perform work for the client, for which De Pont | Reijrink Advocaten will charge a fee. This fee is subject to 21% VAT and an office surcharge of 5%. In addition, any disbursements, including court fees, bailiff fees, salary, and travel and accommodation expenses of third parties, will also be charged to the client.

2. Unless otherwise agreed in writing, a fee will be charged in accordance with the hourly rate stated in the engagement letter. In the event of a difference of opinion regarding the amount of the hourly rate, De Pont | Reijrink Advocaten will make a binding decision.

3. De Pont | Reijrink Advocaten is authorised to adjust the agreed hourly rate each year on 1 January, which adjustment may be 5% or more.

4. Fees and disbursements may and will be charged on an interim basis, preferably monthly. Advances paid by the client will be set off against interim and final invoices.

Clause 6 Payment

1. Invoices from De Pont | Reijrink Advocaten must be paid within fourteen days of the invoice date. The client expressly is not authorised to set off or suspend payment.

2. In the event of late payment, De Pont | Reijrink Advocaten will be entitled to suspend performance of the engagement, without being liable for the consequences of such suspension.

3. In the event of late payment, the client will be in default by operation of law and will also be liable for the statutory interest or the statutory commercial interest as from fourteen days from the invoice date.

4. If payment is not made even after a demand, De Pont | Reijrink Advocaten will also be entitled to charge both in-court and out-of-court collection costs, which will be at least 10% of the principal sum due. Furthermore, the client will be obliged to reimburse the lawyer’s actual fees incurred in proceedings if they exceed the legal costs to be awarded.

Clause 7 Limitation of liability

1. If, when the engagement is carried out, an event occurs which gives rise to liability on the part of De Pont | Reijrink Advocaten, such liability will be limited to the amount paid out under the professional liability insurance policy, to be increased by De Pont | Reijrink Advocaten’s excess applicable in that event.

2. To the extent that liability exists for any event, which for whatever reason is not covered by the professional liability insurance taken out by De Pont | Reijrink Advocaten, the liability of De Pont | Reijrink Advocaten will be limited to an amount equal to the amount invoiced to and paid by the client up to the moment the event occurred, subject to a maximum of €10,000 (ten thousand euros).

3. If a third party engaged by De Pont | Reijrink Advocaten limits its liability in any manner whatsoever, De Pont | Reijrink Advocaten will be authorised to accept such limitation of liability on behalf of the client without prior consultation with the client.

Clause 8 Complaints mechanism

A complaints mechanism applies at De Pont | Reijrink Advocaten. The complaints procedure regulations will be sent to the client upon request.

Clause 9 Applicable law and territorial jurisdiction

1. All agreements entered into between De Pont | Reijrink Advocaten and the client are governed by Dutch law. In the event of disputes between De Pont | Reijrink Advocaten and the client, only the District Court of Breda has jurisdiction to hear them or, at the sole discretion of De Pont | Reijrink Advocaten, the District Court having jurisdiction according to the applicable rules of jurisdiction.