1. These terms of business, which are also available on our website www.vrglaw.com, are applicable to all instructions (including, without limitation, supplemental and further instructions) rendered to and accepted by Advocatenkantoor Van Rossum Guyon. The applicability of the client’s general conditions is explicitly excluded.

 

2. All instructions are deemed to be instructions rendered to and accepted by Advocatenkantoor Van Rossum Guyon only, pursuant to a contract for professional services (in Dutch: overeenkomst van opdracht), even if it is the express or implied intent that an instruction will be performed by a specific person. The operation of article 7:404 and of article 7:407 (2) of the Dutch Civil Code is excluded. In acting upon an instruction, Advocatenkantoor Van Rossum Guyon may call upon the assistance, under its responsibility, of its partners and its employees.

 

3. Advocatenkantoor Van Rossum Guyon shall exercise due care in performing an instruction and selecting and engaging the services of third parties. When engaging the services of third parties, Advocatenkantoor Van Rossum Guyon shall (except in the case of bailiffs), as far as practically possible, select such third parties after consultation with the client. Any and all liability of Advocatenkantoor Van Rossum Guyon in respect of such third parties is excluded.

 

4. If the performance of an instruction by Advocatenkantoor Van Rossum Guyon gives rise to liability, this liability shall at all times be limited to the amount which is paid under Advocatenkantoor Van Rossum Guyon’s liability insurance in respect of the matter concerned plus the amount of any deductible (in Dutch: eigen risico) which under the terms of the insurance policy is for the account of Advocatenkantoor Van Rossum Guyon. Without prejudice to the provisions set forth in article 6:89 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 Advocatenkantoor Van Rossum Guyon is liable.

 

5. The performance by Advocatenkantoor Van Rossum Guyon of instructions shall be exclusively on behalf of the client. The (contents of) the works and services performed shall not confer any rights on third parties.

 

6. In respect of instructions performed, fees, disbursements, office expenses and V.A.T. shall be payable by the client. Invoices must be paid within the period stated on the invoice or, in the absence thereof, within fourteen days from the date of the invoice. Should payment not be received within such period, the client shall be deemed to be in default, without any further notice being required.

 

7. Advocatenkantoor Van Rossum Guyon shall have the right to request the client to make an advance payment prior to any work being undertaken. Any such advance shall be set-off against the final invoice in the relevant matter.

 

8. The relationship between Advocatenkantoor Van Rossum Guyon and the client is governed by the laws of The Netherlands. The court of Amsterdam, the Netherlands shall have exclusive jurisdiction over any dispute which may arise between Advocatenkantoor Van Rossum Guyon and a client. Notwithstanding the above, Advocatenkantoor Van Rossum Guyon shall have the right to take legal action against the client in a court of law that would have had jurisdiction over disputes between the client and Advocatenkantoor Van Rossum Guyon if the above nomination of jurisdiction had not been made.

9. These terms of business are stipulated not only for the benefit of Advocatenkantoor Van Rossum Guyon, but also for the benefit of its partners, their managing director (if applicable), its managing directors and its employees and all persons engaged by Advocatenkantoor Van Rossum Guyon in relation to the performance of an instruction.

10. In the event of any conflict between the Dutch text of these terms of business and the text of any translation thereof, the Dutch text shall prevail.

11. Law firm Van Rossum Guyon participates in the Complaints and Disputes Scheme for the Legal Profession of the Dutch Bar Association (‘Klachten-en Geschillenregeling Advocatuur’). 

All disputes that may arise about our services , including invoice disputes, will be settled in accordance with the Legal Profession Disputes Committee Rules . If we fail to come to a solution, you can submit your complaint to the Disputes Committee.

12. The applicability of the above Scheme shall be a fact as soon as you agree with the proposal that is made by us for taking charge of your case, which proposal will always refer to the applicability of our Terms & Conditions which can be found on our website and a hard copy whereof will be sent upon request. For a detailed explanation of the Complaints and Disputes Scheme for the Legal Profession, please refer to the website of the Dutch Bar Association www.nova.nl .