Article 1: Scope
1.1. These terms and conditions are applicable to each assignment given to LiebregtsLeistra, including any subsequent assignment or amendment or additional assignment.
1.2. These terms and conditions apply to anyone who works at LiebregtsLeistra, any party that is engaged by LiebregtsLeistra, and every party for whose acts or omissions LiebregtsLeistra is or could be liable.
1.3. The application of any other general terms and conditions is hereby expressly excluded.
Article 2: The assignment
2.1. Assignments are exclusively accepted by LiebregtsLeistra. This applies even if the express or implied intention of the client is that the assignment is performed by a certain person. The application of Articles 7:404, 7:407 and 7:409 Dutch Civil Code (Burgerlijk Wetboek) is hereby expressly excluded.
2.2. Unless the client has agreed that the assignment will be performed by a certain person, LiebregtsLeistra is free to determine which of its partners or employees shall be engaged in the performance of the assignment.
2.3. Unless expressly agreed otherwise, the hourly rate stated in the confirmation of assignment may be changed annually, even during the term of the assignment.
Article 3: Liability
3.1. If the performance of an assignment by LiebregtsLeistra gives rise to liability, this liability shall always be limited to the amount that is paid in such case under the relevant liability insurance of LiebregtsLeistra, plus the amount of the deductible that in such case is for the account of LiebregtsLeistra under the applicable insurance agreement. The content and conditions of the professional liability insurance exceed the requirements set by the Dutch Bar Association (Nederlandse Orde van Advocaten), established in The Hague. Upon request, a summary of the insurance cover and the insurance certificate will be sent to you.
3.2. LiebregtsLeistra’s liability insurance covers an amount of €5,000,000.00 per claim.
3.3. If for any reason no payment should be made under the insurance referred to in 3.1, any liability shall be limited to the excess of the liability insurance referred to in 3.1.
3.4. The execution of the assignment provided is done exclusively for the benefit of the client. Third parties cannot derive any rights therefrom.
3.5. Claims for payment of damages shall expire one year after the day the client became aware of the damage and LiebregtsLeistra’s possible liability for that damage.
Article 4: Obligations of the client
4.1. The client shall indemnify LiebregtsLeistra and its auxiliary persons against claims by third parties, who claim to have suffered damage by or related to work performed by LiebregtsLeistra on behalf of the client as well as against the costs of LiebregtsLeistra in connection with conducting defense against such claims.
4.2. Payment of invoices by LiebregtsLeistra shall, without suspension or set-off, take place within 15 days after the invoice date unless another payment term has been agreed. Failing payment within this period the client shall be in default and liable for payment of the statutory interest as referred to in article 6:119a Dutch Civil Code (Burgerlijk Wetboek), as well as for all costs incurred by LiebregtsLeistra in connection with the recovery. All (extra)judicial costs related to the collection of invoices shall be borne by the client. For the amount of these (extra)judicial costs the provisions of article 6:96 paragraph 2 sub c in conjunction with paragraph 4 of the Dutch Civil Code and the (1 juli 2012) Extrajudicial Collection Costs (Fees) Decree are applied. The judicial costs are not limited to the litigation costs to be liquidated and shall be borne in full by the client.
Article 5 Engagement of third parties
5.1. LiebregtsLeistra is entitled to engage third parties for the performance of the assignment. The choice of third parties engaged by LiebregtsLeistra will take place on consultation with the client and subject to the exercise of due care. LiebregtsLeistra is not liable for shortcomings of these third parties, except in the event of intent or gross negligence of LiebregtsLeistra.
5.2. If these third parties limit their liability in connection with the performance of an assignment of the client, LiebregtsLeistra shall if necessary thereby assume and confirm that all assignments it accepts from the client include the authority to accept such a limitation of liability on behalf of the client.
Article 6: Miscellaneous
6.1. In the event of discrepancy between these terms and conditions and the assignment to which these terms and conditions have been declared applicable, the provisions in the assignment confirmation will prevail.
6.2. These terms and conditions and the assignment confirmation, including any subsequent assignment or amendment or supplemental assignment, form the entire agreement between LiebregtsLeistra and the client. Any prior agreements, arrangements, understandings or statements are hereby revoked.
6.3. Amendments to these terms and conditions or the assignment confirmation are only possible and valid insofar as all parties have given their consent in writing or electronically.
6.4. LiebregtsLeistra is entitled to amend these general terms and conditions. The amended terms and conditions shall be deemed accepted if the client has not objected to the amended terms and conditions within 14 days after the amended terms and conditions have been sent to him or have become known to him.
6.5. These terms and conditions are drawn up in the English and Dutch language; the Dutch text is binding in the event of any difference in content or scope.
6.6. In case of differences between provided general terms and conditions and the general terms and conditions on www.liebregtsleistra.nl/terms-and-conditions/, the provisions of the general terms and conditions attached to the engagement letter shall prevail.
Artikel 7: Applicable law and jurisdiction
7.1. All agreements between the client and LiebregtsLeistra are exclusively governed by Dutch law.
7.2. Disputes shall be resolved exclusively by the competent court in the district where LiebregtsLeistra is established. Nevertheless, LiebregtsLeistra has the right to submit disputes to the competent court of the domicile of the client.