General Terms and Conditions of Marree en Dijxhoorn Advocaten B.V.

1. Marree en Dijxhoorn Advocaten B.V. is a private limited liability company in which private limited liability companies participate via a partnership. A list of the partners is available for inspection at Marree en Dijxhoorn Advocaten B.V.’s offices and will be provided on request. 

2. To the exclusion of Articles 7:404 and 7:407(2) of the Dutch Civil Code, all assignments are accepted and performed by Marree en Dijxhoorn Advocaten B.V. Contrary to the provisions of Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code, the partners, their directors and the persons who work for Marree en Dijxhoorn Advocaten B.V. are not personally bound or liable, and the assignment will not end upon their death, regardless of whether the assignment was directed at a specific person. 

3. Any liability of Marree en Dijxhoorn Advocaten B.V. or its partners (including the directors of those partners) for damage (including personal injury and damage to property) is limited to the amount paid in the case in question under the professional or general liability insurance, increased by the amount of the excess that is payable by the insurer under the policy conditions. If no insurance payment is made, whatever the reason, Marree en Dijxhoorn Advocaten B.V.’s liability towards its clients will be limited to the fee charged for the performance of the assignment in question, if any, up to a maximum of EUR 50,000.

4. Marree en Dijxhoorn Advocaten B.V. will exercise due care in engaging third parties that do not work in its organisation (including but not limited to procurators, foreign lawyers, accountants, tax consultants, claims assessors, bailiffs, experts, consultants and service providers). However, Marree en Dijxhoorn Advocaten B.V. is not liable for any errors or shortcomings on the part of such third parties.
5. Assignments given are performed by Marree en Dijxhoorn Advocaten B.V. exclusively for the client’s benefit. Third parties cannot derive any rights from the content of the work performed. The client must indemnify Marree en Dijxhoorn Advocaten B.V. against any claims from third parties and must reimburse Marree en Dijxhoorn Advocaten B.V. for any costs incurred in filing a defence against such claims.
6. If the client informs third parties of the content of work performed for it by Marree en Dijxhoorn Advocaten B.V. (such as advice, agreements, etc.), the client is obligated towards Marree en Dijxhoorn Advocaten B.V. to draw such third party’s attention to the fact that the work was performed subject to these General Terms and Conditions. If a third party makes any use whatsoever of the content of the work, such third party will be bound by the content of these General Terms and Conditions. The copyright on any documents produced will continue to vest in Marree en Dijxhoorn Advocaten B.V. 

7. Unless otherwise agreed, the fees will be calculated on the basis of the number of hours worked, multiplied by the hourly fees to be periodically determined by Marree en Dijxhoorn Advocaten B.V. The lawyers’ fees vary according to their experience and specialist knowledge, and may be adjusted from time to time. A list of the fees currently charged by Marree en Dijxhoorn Advocaten B.V. is available on request. Stipulations deviating from these fees must be agreed upon in writing by (a member of) the board of directors of Marree en Dijxhoorn Advocaten B.V.

8. All invoices sent by Marree en Dijxhoorn Advocaten B.V. must be paid within 14 days, unless otherwise agreed or stated. In the event of late payment, the client will be in default and default interest equal to the statutory interest will be due. If collection measures are taken against the defaulting client, the costs related to such collection will be payable by the client. Marree en Dijxhoorn Advocaten B.V. has the right to submit unpaid invoices to the Geschillencommissie Advocatuur (Dispute Resolution Committee for the Legal Profession).
9. These General Terms and Conditions have been drawn up also for the benefit of the partners and their directors, the former partners and their directors, and all persons who work or have worked for them or for Marree en Dijxhoorn Advocaten B.V., whether or not under an employment contract.
10. Marree en Dijxhoorn Advocaten B.V. takes part in the Klachten- en Geschillenregeling Advocatuur (Complaints and Disputes Settlement Scheme for the Legal Profession). Any disputes arising from the negotiation and/or performance of the service, including disputes related to invoices, will be settled in accordance with the Reglement Geschillencommissie Advocatuur (Regulations of the Disputes Resolution Committee for the Legal Profession). If the dispute relates to an assignment from a private client, the Regulations provide for binding advice, unless the client applies to the ordinary court within 30 days after the handling of the complaint by Marree en Dijxhoorn Advocaten B.V. The collection of a claim against a private client is subject to binding advice only if the client transfers the outstanding amount to the Disputes Resolution Committee. If he/she does not, the collection will be subject to arbitration. If the dispute relates to an assignment from a business client, the Regulations provide for arbitration. 

11. Pursuant to applicable legislation such as the Act on the Prevention of Money Laundering and Terrorist Financing (Wet ter voorkoming van witwassen en financieren van terrorisme), Marree en Dijxhoorn Advocaten B.V. is obliged to verify the identity of its clients. Marree en Dijxhoorn Advocaten B.V. also must report certain unusual transactions to the authorities. The client confirms that it is aware of this obligation and, insofar as this is required, give its permission. 

12. If a client fails to pay an invoice from Marree en Dijxhoorn Advocaten B.V. or to do so in time or in full, Marree en Dijxhoorn Advocaten B.V. has the right to suspend the work for that client, also in respect of other assignments that are being performed for the client by Marree en Dijxhoorn Advocaten B.V. at that time.
13. The client agrees that Marree en Dijxhoorn Advocaten B.V. is authorised to receive payments intended for the client on its behalf by having such payments credited to the account number of Stichting Beheer Derdengelden Marree en Dijxhoorn Advocaten B.V. Payments thus received by the Stichting Beheer Derdengelden Marree en Dijxhoorn Advocaten B.V. will only be considered as payment and settlement of invoices sent by Marree en Dijxhoorn Advocaten B.V., or work already performed for which an invoice has yet to be sent, if the client agrees to such settlement in written.

14. The legal relationship between Marree en Dijxhoorn Advocaten B.V. and its clients is governed by Dutch law. Unless there is a dispute as referred to in article 10, any disputes will be settled exclusively by the competent court in the district of Utrecht, The Netherlands.

15. Only the General Terms and Conditions of Marree en Dijxhoorn Advocaten B.V. will apply to assignments given to Marree en Dijxhoorn B.V. by clients. No other terms and conditions will apply unless these have been (i) expressly agreed in writing by the client and Marree en Dijxhoorn Advocaten B.V and (ii) confirmed by Marree en Dijxhoorn Advocaten B.V. to fully or partly replace its own General Terms and Conditions.

This document is an English translation of a document prepared in Dutch. If there are any differences between the Dutch document and this English translation, the Dutch text will govern by law.

The Dutch original of these General Terms and Conditions was filed with the Chamber of Commerce on 24 April 2017 and can also be consulted at www.mend.nl.