GENERAL TERMS AND CONDITIONS OF OMEGA
The following general terms and conditions of the private limited liability company OMEGA B.V. apply to this agreement. This company cooperates with other practice companies under the name Sørensen Advocaten. These terms and conditions include a limitation of liability to the amount paid out, if any, by the professional liability insurance of Omega B.V.
Article 1 OMEGA B.V.
1.1. OMEGA B.V. is the company from which H.A.A. Voermans performs his activities as attorney at law, hereinafter to be referred to as the Company.
Article 2: THE AGREEMENT
2.1. An instruction is concluded with the Company as such. This also applies if it is the explicit or tacit intention of the client that the instruction will be carried out by a specific person. The effect of article 7:404 BW, which provides a regulation for the latter case and the effect of article 7:407 paragraph 2 BW, which establishes a joint and several liability for the cases in which an instruction is given to two or more persons, is excluded.
Article 3: LIABILITY
3.1. Any (extra-)contractual liability of the Company or of its partners (including its directors) as well as its employees shall be limited to the amount paid in the case in question under the Company’s (professional) liability insurance, including the amount of the deductible. The contents and conditions of this professional liability insurance exceed the requirements set by the Dutch Bar Association. An extract of the current professional liability policy will be sent to you upon request.
3.2. The execution of the commission granted shall take place exclusively for the benefit of the client. Third parties cannot derive any rights from the contents of the work performed.
Article 4: OBLIGATIONS OF THE PROVIDER
4.1. If the client allows a third party to take cognizance of the contents of the work performed by the Company on its behalf, the client shall point out to the third party and ensure that these general terms and conditions are also accepted by this third party.
4.2. The client shall indemnify the Company against claims by third parties, who claim to have suffered damage due to or related to work performed by the Company for the client.
4.3. Payment of the Company’s invoices shall take place, without suspension or setoff, within 15 days of the invoice date. All (extra)judicial costs related to the collection of invoices, which shall be calculated in accordance with the Voor- Werk II report, shall be at the expense of the client. The judicial costs are not limited to the costs of the proceedings to be liquidated, but shall be borne in full by the client if it is (predominantly) ruled against. In case of non-timely payment of the invoice(s) (and/or advance invoice), the client shall also owe an immediately payable interest of 1 % (one percent) per month from the due date until the date of full payment of the invoice, and the Company shall be entitled to suspend the execution of the order until the payment obligations have been fulfilled in full.
Article 5: ENROLLMENT OF THIRD PARTIES
5.1. The choice of third party to be engaged by the Company shall, where possible and reasonably appropriate, be made in consultation with the client and with due care. The Company shall not be liable for any shortcomings of such third party, barring intent or gross negligence on the part of the Company.
5.2. If such third parties wish to limit their liability in connection with the performance of an instruction of the client, the Company shall assume and, if necessary, hereby confirm that all instructions given to it by the client include the authority to accept such limitation of liability on behalf of the client.
Article 6: RATES
6.1. The Company has the right to change the basic hourly rate it charges and the travel allowance it charges for travel by car or train. If the change involves an increase of more than 10%, or if an increase occurs within three months of the formation of the assignment between the Company on the one hand and the client on the other, the client shall be entitled to dissolve the agreement. The right of dissolution shall lapse on the 15th day after the invoice date of the first invoice sent to the client following the increase in the basic hourly rate and/or the above-mentioned travel expenses.
Article 7: MISCELLANEOUS EDUCATION.
7. The Complaints Officer will – whether or not after hearing both sides of the argument – take a decision on the complaint which will, as far as possible, be aimed at removing the (causes of the) complaint. If appropriate, he or she will make a written proposal to the complainant and give him or her the opportunity to respond in writing.
AND DISPUTE RESOLUTION
8. The Company’s aim is always to complete the handling of a complaint with the greatest possible diligence and care. If a complaint cannot be nullified by such settlement, the complainant shall be free to pursue the normal legal remedies. The general terms and conditions printed below also apply to this complaint and dispute settlement.