OMEGA TERMS AND CONDITIONS
The following terms and conditions of the private company OMEGA B.V. apply to this agreement. This company cooperates with other practice companies under the name Sørensen Advocaten. These conditions are part of a limitation of liability to the amount to which Omega B.V.’s professional liability insurance, if any, claims a benefit.
Article 1 OMEGA B.V.
1.1. OMEGA B.V. is the company from which mr. H.A.A. Voermans carries out his work as a lawyer, hereinafter referred to as the Company.
Article 2: THE AGREEMENT
2.1. An assignment is concluded with the Company as such. This also applies if it is the express or tacit intention of the client that the assignment will be carried out by a particular person. The operation of Article 7:404 BW, which provides for the latter case a scheme and the operation of Article 7:407(2) of THE BW, which establishes a roll-call liability for cases in which two or more persons have been instructed, is excluded.
Article 3: LIABILITY
3.1. Any (non-)contractual liability of the Company or its associates (including its directors) and its employees shall be limited to the amount paid under the Company’s (professional) liability insurance in the case in question, including the amount of the excess. The content and conditions of this professional liability insurance exceed the requirements of the Dutch Bar Association. On request, an extract of the current professional liability policy will be sent to you.
3.2. The execution of the contract is carried out solely for the benefit of the client. Third parties cannot derive any rights from the content of the work carried out.
Article 4: OBLIGATIONS OF THE CLIENT
4.1. If the client is informed of one third of the content of the work carried out by the Company on his behalf, the client must inform the third party and ensure that these terms and conditions are also accepted by that third party.
4.2. The client shall safeguard the Company against claims by third parties, which claim to have suffered damages as a result of or related to work carried out by the Company on behalf of the client.
4.3. Payment of the Company’s declarations must be made, without suspension or settlement, within 15 days of the date of invoice. All (out)judicial costs related to the recovery of declarations and which will be calculated in accordance with the Report For Work II will be borne by the client. The legal costs are not limited to the legal costs to be liquidated but will be entirely at the expense of the client if it is (to a large extent) unsuccessful. In the case of non-timely payment of the factu(u)r(s) (and/or advance note), the client is also liable from the expiry date to the date of the overall payment of the invoice an immediate interest of 1 % (one percent) per month and the Company is entitled to suspend the execution of the contract until the payment obligations are fully fulfilled.
Article 5: THE INVOLVEMENT OF THIRD PARTIES
5.1. The choice of the third party to be engaged by the Company will be made, where possible and reasonably appropriate, in consultation with the client and with due care. The Company shall not be liable for any deficiencies of this third party, except for the Company’s intent or gross negligence.
5.2. If these third parties wish to limit their liability in connection with the execution of a contract of the client, the Company assumes and confirms to them if necessary that all the orders given to it by the client have the power to accept such a limitation of liability on behalf of the client.