General Terms and Conditions
GENERAL CONDITIONS BOONTJE B.V.
Boontje B.V. is a private limited liability company (besloten vennootschap) in which a legal practice is conducted under the name of ‘Boontje Advocaten Arbeidsrecht’, Boontje Advocaten or, in short, ‘Boontje’. Boontje B.V. has its registered office in Amsterdam.
These General Conditions apply to all instructions, any additional instructions, subsequent instructions and all other work accepted by Boontje B.V.
All instructions are exclusively accepted and performed, subject to the exclusion of Sections 7:404 and 7:407 (2) of the Netherlands Civil Code (Burgerlijk Wetboek), by Boontje B.V., even if it is the client’s express or implied intention that an instruction be performed by a specific lawyer at Boontje B.V. These General Conditions are also stipulated for the benefit of all persons who are involved in the performance of the instruction on behalf of Boontje B.V., expressly including its directors(s) and the employees, advisers and any third parties brought in, who are or have been working for, in the employment of or engaged by Boontje B.V..
Boontje B.V. may engage the services of third parties for the performance of instructions. The selection of said third parties (possibly established abroad) shall be made, if and insofar as it is possible, in consultation with the client and with due care. Boontje B.V. shall not be liable for any failings or shortcomings of these third parties. Boontje B.V. is authorised, without prior consultation with the client, to accept, (also) for and on behalf of the client, any limitations of liability stipulated by third parties. T
The instruction given shall be exclusively performed for the benefit of the client. Third parties cannot derive any rights or claims from the content of the work performed. If and insofar as the client provides third parties with the content of the work performed by Boontje B.V. for the benefit of the client, the client is obliged to Boontje B.V. to point out to these third parties that the work was performed subject to applicability of these General Conditions. If third parties make use in any way of the content of this work, these third parties shall be bound by the content of these General Conditions.
Any liability of Boontje B.V. is limited to the amount that is paid out in the particular case under its professional indemnity insurance policy, including the applicable policy excess. If and insofar no payment is made under said insurance policy for whatever reason, any liability of Boontje B.V. is limited to an amount equal to the fee charged for the performance of the instruction concerned. The aforementioned limitations shall also apply in the event that Boontje B.V. is held liable for the faulty functioning of equipment, software, data files, registers and/or other objects used by it in the performance of the instruction. A copy of the professional indemnity insurance policy is available for inspection at the offices in Amsterdam.
An itemised bill for the fee of Boontje B.V. for its work, to be increased by a specific percentage to cover general office expenses and the expenses (out-of-pocket expenses) paid on behalf of the client, shall be sent each month. The term of payment amounts to 14 days as from the date of the bill. In the event of late payment, a reminder shall first be sent and then a demand. Boontje B.V. reserves the right to take all possible and permissible lawful measures for the collection of its claims against clients.
The agreement between the client and Boontje B.V. is governed by Dutch law. Disputes shall be exclusively submitted to the competent Dutch court in Amsterdam.
This agreement is subject to the Office Complaints Regulation, based upon the complaints and dispute settlement scheme for lawyers under the Dutch Bar Association (“Klachten- en Geschillenregeling Advocatuur”) and the rules of the disputes committee for lawyers under the Dutch Bar Association (“Reglement Geschillencommissie Advocatuur”). Any complaint (regarding the instructions) will be dealt with by Boontje B.V., after constructive dialogue with the client in an attempt to find a solution. Complaint is defined as: any written expression of the client’s dissatisfaction with regard to the lawyer (including any and all associates falling under his responsibility about the conclusion and implementation of the service agreement, the quality of service or the amount billed, not being a complaint regarding disciplinary rules as referred to in the Act on Advocates and/or the Code of Conduct of the Dutch Bar Association. The Office Complaints Regulation is available on www.boontjeadvocaten.nl.
These General Conditions have been drawn up in both Dutch and English. In the event of a discrepancy in the content or intent between the Dutch or English text of the General Conditions, the Dutch text shall be binding. The General Conditions are available at www.boontjeadvocaten.nl
1 June 2005, update 1 January 2016