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Bos & Partners
Advocaten B.V.
- Bos & Partners Advocaten B.V., acting under the name of Bos &
Partners Advocaten, is a private limited liability company established for the
object of carrying on the practice of attorney-at-law and procurator, this being
interpreted in the widest sense. In carrying on this practice, Bos &
Partners Advocaten arranges to be assisted by persons called in by it to perform
the instructions of its clients.
- All instructions of clients are regarded by Bos & Partners Advocaten
as given to it even if it is the express or tacit intention that the instruction
in question should be performed by a given person. The operation of Article
7:404 of the Civil Code, which contains a provision governing the latter case,
and the operation of Article 7:407, paragraph 2, of the Civil Code, which
creates joint and several liability for cases in which instructions have been
given to two or more persons, are excluded.
- If an event that leads to liability should unfortunately occur in the
course of performing the instructions of a client, this liability will be
limited to the amount or amounts to which the professional indemnity insurance
taken out by Bos & Partners Advocaten confers entitlement, including any
excess which must be borne by Bos & Partners Advocaten under the policy. An
event as referred to in the previous sentence also includes an
omission.
- The maximum amount or amounts to which the professional indemnity
insurance taken out by Bos & Partners Advocaten confers entitlement will be
communicated to the client at his or her first request. At the request of a
client the abovementioned maximum amount or amounts may be increased on a
one-off basis. The costs thereof will be borne by the
client.
- If damage or injury is caused to persons or things by or in connection
with the performance of an instruction of a client or otherwise for which Bos
& Partners Advocaten is liable, such liability will be limited to the amount
or amounts to which the general indemnity insurance taken out by Bos &
Partners Advocaten confers entitlement, including any excess which must be borne
by Bos & Partners Advocaten under the policy.
- It is possible that persons who are called in to assist in the
performance of a client's instruction may wish to limit their liability in this
connection. Bos & Partners Advocaten assumes - and, if necessary, hereby
stipulates - that all instructions given to it by clients include the power to
accept a limitation of liability of this kind, inter alia on behalf of such
clients.
- Third parties to be called in by Bos & Partners Advocaten will be
chosen with due care and, where reasonably possible, after consultation with the
client. The client will not be consulted about the use of procurators, bailiffs,
couriers and translators (including sworn translators). Bos & Partners
Advocaten is not liable for failures by third parties. The costs of using the
services of third parties will be borne by the
client.
- The client indemnifies Bos & Partners Advocaten and its directors and
the persons who work for Bos & Partners Advocaten against all claims by
third parties which are in any way connected with activities performed for the
client and the costs of legal assistance incurred by the above-mentioned
indemnified persons in connection with such claims, unless the said claims are a
consequence of gross negligence or intentional misconduct of the indemnified
persons.
- These standard conditions may be invoked not only by Bos & Partners
Advocaten but also by all persons called in to perform any instruction of a
client. The same applies to former employees, including any heirs they may have,
if they are held liable after they have ceased to be employed by Bos &
Partners Advocaten.
- Unless expressly agreed otherwise in writing, Bos & Partners
Advocaten will calculate the fee for the work performed by multiplying the
number of billable hours by hourly fee rates fixed annually by Bos &
Partners Advocaten, plus value-added tax.
- Disbursements paid by Bos & Partners Advocaten on behalf of the
client will be charged in addition to the fee. A percentage of the fee to be
fixed annually by Bos & Partners Advocaten, plus value-added tax, will be
charged in order to cover general office costs.
- The amounts owed by the client will generally be charged to him or her
monthly and upon completion of the relevant matter. Unless stated otherwise on
the invoice, the period for payment is 14 days calculated from the date of the
invoice.
If payment is not made in time, Bos & Partners Advocaten will be entitled to
charge interest at the statutory rate and the extrajudicial costs of collection
from the first day of the default.
- These standard conditions are also applicable to additional and further
instructions of clients.
- These standard conditions have been drawn up in Dutch, German and
English. In the event of any difference in their content or tenor, the Dutch
text will be binding.
- The agreement between the client and Bos & Partners Advocaten is
subject to the law of the Netherlands. Disputes may be decided only by the
competent court in Amsterdam.
Deposited at the registry of the District Court in Amsterdam on 4 December 2001.
This to certify that the above is, to the best of my knowledge and belief, a true translation of the Dutch text.
Dronten, the Netherlands, 18
December 2001
P.J. Kell, sworn translator and
solicitor of the Supreme Court of England and
Wales.
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