General Terms and Conditions and substitution scheme
General Terms and Conditions and substitution scheme of Osnabrugge Advocatuur & Advies, established in Eindhoven
Article 1 Osnabrugge Advocatuur & Advies is a trade name of the private company with limited liability Advocatenpraktijk Mr. E.J. Osnabrugge B.V., established in Eindhoven, listed with the Eindhoven Chamber of Commerce under number 17178565, whose objects are to practise law. A partner is understood to mean a person who directly or indirectly holds shares in Osnabrugge Advocatuur & Advies. A client is the natural person or legal entity for whom Osnabrugge Advocatuur & Advies performs an engagement. These general terms and conditions are available at www.osnabrugge.org.
Article 2 The stipulations of these general terms and conditions apply to any engagement, including any follow-up engagement, amended or additional engagement granted to Osnabrugge Advocatuur & Advies, the partner(s) of or persons employed by Osnabrugge Advocatuur & Advies, as well as to all legal relationships as a result thereof or in connection therewith. Without prejudice to the provisions of Article 3, the stipulations of these general terms and conditions have also been made for the benefit of the director(s) of Osnabrugge Advocatuur & Advies and all those who are or were employed by Osnabrugge Advocatuur & Advies, whether or not pursuant to an employment contract. The stipulations of these general terms and conditions apply to any legal relationship that arises as a result of or in connection with the use of the website that is maintained by Osnabrugge Advocatuur & Advies. Osnabrugge Advocatuur & Advies is entitled to make interim changes to these conditions. In that case, the changed conditions apply to any current engagements.
Article 3 An engagement is accepted exclusively by Osnabrugge Advocatuur & Advies and performed on its behalf, even if it is the express or implied intention that an engagement be performed by a specific person. Notwithstanding Sections 7:404, 7:407 (2) and 7:409 of the Dutch Civil Code, the partners as well as the persons who work for or for the benefit of Osnabrugge Advocatuur & Advies, whether or not in employment, are not personally bound or liable, and the engagement does not end on their death, not even if the engagement was granted with a specific person in mind.
Article 4 Any liability arising from or in connection with the performance of an engagement is limited to the amount that is paid out in the relevant case by the liability insurance taken out by Osnabrugge Advocatuur & Advies plus the amount of the excess of Osnabrugge Advocatuur & Advies that applies under this insurance policy. If, for any reason whatsoever, payment is not made under the stated insurance policy, any liability is limited to the fee paid by the client to Osnabrugge Advocatuur & Advies, excluding disbursements and turnover tax, subject to a maximum of €25,000.00. Osnabrugge Advocatuur & Advies is not liable towards the client as long as the client has not fulfilled their obligations towards Osnabrugge Advocatuur & Advies.
Article 5 Osnabrugge Advocatuur & Advies and the client may communicate with each other via electronic mail during the performance of the engagement. Osnabrugge Advocatuur & Advies and the client are not liable towards each other for any damage or loss that arises from the use of electronic mail, subject to the proviso that both parties will do anything that may reasonably be expected of them to prevent risks, including the spreading of viruses.
Article 6 Osnabrugge Advocatuur & Advies will observe the required care when engaging a third party, and in selecting this third party will consult with the client as much as is customary or reasonable in the relationship with the client. Osnabrugge Advocatuur & Advies is authorised to accept conditions that apply to its relationship with the third party or that are stipulated by the third party. Osnabrugge Advocatuur & Advies will be allowed to enforce these conditions against the client to the extent that it concerns the performance of the engagement by the third party. The client will never hold third parties directly liable. The client indemnifies Osnabrugge Advocatuur & Advies against all third-party claims, including the reasonable costs of legal assistance, which are in any way related. The applicability of Section 6:76 of the Dutch Civil Code is excluded.
Article 7 Unless otherwise agreed, the fee will be calculated on the basis of the number of hours worked, calculated in units of at least six minutes, multiplied by the hourly rate to be determined (annually) by Osnabrugge Advocatuur & Advies. Complaints and protests with respect to the fee charged must have been made in writing within two weeks of the invoice date at the latest, in the absence of which the fee charged by Osnabrugge Advocatuur & Advies has been established in a binding manner between the parties. All stated amounts are exclusive of VAT, disbursements and office expenses, unless otherwise agreed. Osnabrugge Advocatuur & Advies fixes the office expenses at a lump sum of 6% of the fee payable.
Article 8 In principle, invoicing takes place on a monthly basis, in arrears. Nevertheless, Osnabrugge Advocatuur & Advies is entitled to require an advance payment from the client that is in reasonable proportion to the work to be performed. Osnabrugge Advocatuur & Advies is entitled to suspend its work until the time when the advance invoice has been paid. Payment terms are fourteen days. Payment must be made net without any right of setoff. The client will be in default towards Osnabrugge Advocatuur & Advies by the mere failure to pay within this term, and Osnabrugge Advocatuur & Advies is entitled to suspend performance of the work in the context of the engagement with immediate effect.
Article 9 If the client fails to fulfil their payment obligation, a default interest of 1% a month or part of a month applies, and Osnabrugge Advocatuur & Advies is also entitled to charge the client a fee for extrajudicial collection costs subject to a minimum of €750.00.
Article 10 By signing the engagement letter, the client gives Osnabrugge Advocatuur & Advies permission for automatic processing of personal data collected and to be collected by Osnabrugge Advocatuur & Advies.
Article 11 Dutch law applies to all legal relationships between Osnabrugge Advocatuur & Advies and its clients. All disputes arising from such legal relationship will be submitted exclusively to the Court of Oost-Brabant. Claims for compensation lapse if they have not been brought before the competent court within one year of discovery of the loss.
Article 12 Substitution scheme of Osnabrugge Advocatuur & Advies: If E.J. Osnabrugge, LLM, is absent and/or indisposed, he will have his files taken care of by C. Bonnier, LLM. He can be reached as follows:
SB Advocaten
Noord Brabantlaan 303
5657 GB Eindhoven
Tel: +31 (40) 213 17 14
Fax: +31 (40) 213 17 15
E-mail: chrisbonnier@sbadv.nl