General Terms and Conditions
The General Terms and Conditions governing the services to be provided by or on behalf of the limited liability company Gaastra advocaten B.V., hereinafter to be referred to as ‘Gaastra Attorneys’.
1. The relation between the Client and Gaastra Attorneys shall be governed entirely by the law of the Netherlands.
2. Solely Gaastra Attorneys shall operate as contracting agent vis-à-vis the Client. Articles 404 and 407(2) of Book 7 of the Dutch Civil Code shall not be applicable.
3. Gaastra Attorneys shall be obliged to exercise the due care that, in the given circumstances, may reasonably be expected from it with respect to the services provided by or on its behalf. Achieving the intended result is not guaranteed by Gaastra Attorneys.
4. When carrying out an assignment, Gaastra Attorneys may involve one or more persons that are not, whether directly or indirectly, connected with Gaastra Attorneys. Any failure of such person may be attributed to Gaastra Attorneys, only if the Client proves that Gaastra Attorneys did not act with due care when choosing such person.
5. The Client shall allow that Gaastra Attorneys and the persons involved in carrying out an assingnment by or on behalf of Gaastra Attorneys share information relating to the Client and an assignment awarded by the Client with other persons connected with Gaastra Attorneys, to the extent required or useful for the purposes of client relation management.
6. The Client shall be entitled to compensation for the entire damages sustained by the Client that is, by law, a consequence of an event or series of connected events for which Gaastra Attorneys is liable by law where Gaastra Attorneys has any insurance coverage for such damages, not to exceed an amount equal to the insurance payment to be received by Gaastra Attorneys plus the excess payable by Gaastra Attorneys under such insurance.
7. Without prejudicing the provisions set forth in Article 89 of Book 6 of the Dutch Civil Code, the right to compensation for damages shall at any rate terminate twelve months after the occurrence of the event that caused, whether directly or indirectly, the damages for which Gaastra Attorneys is liable.
8. The provisions set forth in the two foregoing paragraphs shall also apply, if the Client claims compensation for damages on the grounds of a right taken over or acquired from a third party.
9. In the event that one or more third parties should claim from Gaastra Attorneys compensation for damages they sustained in connection with services provided by or on behalf of Gaastra Attorneys to the Client, the latter shall indemnify Gaastra Attorneys against such claim or claims and additional costs, insofar as Gaastra Attorneys should have to pay the third party or parties compensation in excess of the compensation Gaastra Attorneys would have had to pay to the Client if the Client had claimed compensation from Gaastra Attorneys for the damages sustained by such third party or parties.
10. In the event both the Client and a third party or third parties should claim compensations for damages from Gaastra Attorneys in connection with services provided to the Client by or on behalf Gaastra Attorneys, the damages sustained by the Client shall not qualify for compensation insofar as the amount of the claim to be paid to the Client would, as such or after having been increased by the amount of the claim to be paid to the third party or parties, be in excess of the maximum amount provided in Article 6.
11. The General Terms and Conditions may also be invoked by those natural persons or legal entities that are involved, whether directly or indirectly, in any manner whatsoever for the services provided by or on behalf of Gaastra Attorneys.
12. The General Terms and Conditions shall also be applicable to any supplementary or follow-up assignments.
13. The District Court of Amsterdam shall have exclusive jurisdiction over any disputes between the Client and Gaastra Attorneys, on the understanding that Gaastra Attorneys shall continue to have power to take legal action against the Client in a court of law that would have had jurisdiction over disputes between the Client and Gaastra Attorneys if the above nomination of jurisdiction had not been made.
14. The General Terms and Conditions drawn up in the Dutch language shall prevail over the General Terms and Conditions drawn up in the English language or in any other language.
Deposited with the Registery of the Amsterdam District Court under number 136/2006.
back to top