General Terms & Conditions
In these general conditions "Commissionee" will mean Bergh Stoop & Sanders N.V. Bergh Stoop & Sanders N.V. also uses the name Bergh Stoop & Sanders Advocaten. Bergh Stoop & Sanders N.V. has its seat in Amsterdam and is registered in the Commercial Register of the Chamber of Commerce under number 34350567.
- These general conditions apply to all instructions accepted by Commissionee and to all relationships between Commissionee and its clients. All instructions from clients are solely accepted and carried out by Commissionee with the exclusion of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code.
- Any and all liability of the Commissionee is limited to the amount paid out, if any, under the Commissionee's professional liability insurance policy in the matter concerned, plus the amount of the own risk deductible that is not for the account of the insurers under the policy conditions in the matter concerned. In the event and to the extent that no monies are paid out under the professional liability insurance for whatever reason, any and all liability of the Commissionee shall be limited to an amount of € 50.000. If the fees charged by the Commissionee in the matter concerned are higher, liability will be limited to the amount of such fees up to a maximum of € 100.000.
- The Commissionee shall consult the client before instructing third parties, and shall in any event exercise the necessary due care in its selection of third parties. The Commissionee is not liable for any acts or omissions of third parties. The client hereby authorises the Commissionee to accept limitations of liability of third parties on its behalf.
- The client indemnifies and holds the Commissionee harmless from and against any and all third party claims (including reasonable legal costs) arising in whatsoever manner from the activities carried out for the client, unless they result from gross negligence or wilful misconduct by the Commissionee.
- Costs paid for by the Commissionee shall be charged separately. A percentage of the professional fees shall be charged to cover general costs (such as postage, phone, fax, photocopying). All amounts are exclusive of VAT.
- Invoices will be submitted periodically, subject to payment within 14 days of the date of the invoice. The Commissionee is entitled to charge statutory interest on late payment.
- The legal relationship between the client and the Commissionee is governed by Dutch law. The competent court in Amsterdam shall have exclusive jurisdiction for the settlement of disputes.
- All the provisions of these general conditions can equally be relied upon by all employees and persons (including legal entities) working on the Commissionee´s behalf in carrying out the instruction.
- These general conditions also apply to complementary, supplementary or successive assignments or mandates.
- The Dutch text of these general conditions shall prevail in the event of any differences between the English text and the Dutch text. These general conditions have been filed with the registry of the Amsterdam District Court under number 78/2009 and can also be found on our website www.berghstoop.com.