These conditions form part of all agreements concerning, or in connection with services provided by Boonk Van Leeuwen Advocaten N.V. (‘BVL’).
- Only Dutch law will govern the relationship between BVL and its instructing parties, clients and other parties or persons involved (jointly: the ‘Clients’). This relationship qualifies as an agreement of mandate (in Dutch “overeenkomst van opdracht”), which is exclusively accepted and performed by BVL. The articles 7:404 and 7:407(2) of the Dutch Civil Code do not apply. All persons employed by, or acting on behalf of, BVL may invoke these conditions.
- Any liability shall be limited to the amount, which is paid under BVL’s professional liability policy for the matter concerned. Liability of BVL for any form of indirect or consequential losses is excluded; liability for direct loss for which BVL (for whatever reason) has no cover at all under any insurance, shall be limited in all cases to the total amount of the invoices sent by BVL in the matter concerned which have been timely paid, with a maximum of EUR 100,000. Set-off shall not be permitted.
- The Clients will indemnify and hold harmless BVL in respect of all claims and demands from third parties which arise out of, or are connected with, the instructions given to BVL.
- Notwithstanding the effect of article 6:89 of the Dutch Civil Code, any right against BVL to indemnification or damages shall be forfeited in any case six months after the Clients has become aware of any event which may lead to liability of BVL.
- The Court of Rotterdam shall have exclusive jurisdiction to decide all disputes between BVL and the Clients, but BVL reserves the right to file suit against the Clients, in connection with payment of invoices or an indemnity as referred to above, before a Court which would (also) be competent without the above choice of jurisdiction.
The original text of these conditions is in Dutch; in the event of any discrepancies between the Dutch version and any translation, the Dutch version will prevail. The English translation is provided for information purposes only.