General conditions partnership Edens Walinga advocaten
- The Partnership (under the laws of the Netherlands) Edens Walinga advocaten is registered in the (Dutch) trade register, number 62990012 (hereinafter: the Partnership).
- Each of the partners of the Partnership (hereinafter: the Partners)is practicing law for its own account and at its own risk.
- The following limited liability companies under the laws of the Netherlands are (currently) the Partners: Amphu Lapsa B.V. also acting under the tradename Edens Legal (Chamber of Commerce, number 62331744) and Karoshi B.V. also acting under the tradename Walinga Advocatuur (Chamber of Commerce, number 62150472).
- Only one of the Partners is the contracting party.The Partnership is not a contracting party. All assignments are exclusively provided to and accepted by a Partner, even if it is intended that assignments will be carried out by a particular person working for a Partner or the Partnership. Sections 404 and 407, subsection 2 of chapter 7 of the Dutch Civil Code are set aside.
- The Partners share a limited number of expenses through the Partnership. These expenses preclude what is owed to third parties (including other service providers such as attorneys, tax advisors, auditors and translators, as well as officials such as bailiffs and notaries) as a result of assignments given to them in relation to a practice of law. Regarding thereto, only the concerned Partner is the client. The Partnership is not a client.
- Likewise by any other possible agreement, besides an engagement agreement, regarding a practice of law, only the concerned Partner and not the Partnership is a party.
- The Partner who enters into an agreement meant under 4., 5. or 6. will hereinafter, as well as in assignment agreements and other correspondence or statements otherwise be referred to as Edens Walinga or Edens Walinga advocaten, as well as our, the or my law firm or in short as we. Such a reference does not refer to the Partnership.
- Each of these general conditions under 1. up to and including 21. exclusively applies to all assignments and supplemental and further assignments to Edens Walinga and to all (other) legal acts and legal relations of Edens Walinga, an other Partner or the Partnership with third parties.
- If third parties are to be involved, Edens Walinga shall, if and to the extent necessary and possible, consult with the Client in advance and in any case exercise due care in selecting such third parties. Edens Walinga is not liable for failures of third parties. Edens Walinga is entitled and empowered by the Client to accept any possible limitation of liability stipulated by third parties.
- The Client will hold Edens Walinga harmless for all third party claims, including the reasonable costs for legal assistance, which will be related in any way to the services rendered to the Client.
- If an event occurs which leads to liability, then such liability will be limited to the amount to which the professional liability insurance provides coverage. Such event includes a failure to act. In the event that no coverage will be provided under the professional liability insurance for whatever reason, liability will be limited to the amount of the fees that Edens Walinga has invoiced to the Client in that matter and which amount has been paid by the Client.
- The limitation period or expiry date within which the Client must enforce any right (including however not limited to a right of action to claim damages) vis-à-vis Edens Walinga, has been shortened to one year.
- Not only Edens Walinga and its director, but also each other Partner and its director, the Partnership, all colleagues and former colleagues (whether or not employed) of Edens Walinga or an other Partner or the Partnership, and furthermore a third parties money foundation affiliated to one or more of all the aforementioned and the current and former directors of such foundation, and including possible heirs of each aforementioned natural person, may invoke each of these general conditions under 1. up to and including 21.
- An assignment will be performed exclusively for the Client. Third parties cannot derive any rights from services rendered to the Client.
- Before starting the assigned works and/or during the performances thereof, Edens Walinga may require one or more payments in advance. These will be set off during or at the end of the assignment.
- Unless otherwise agreed in writing, the fee will be calculated on the basis of the number of hours worked multiplied by the applicable hourly rate or rates, as such rates will be determined by Edens Walinga from time to time. Disbursements paid for by Edens Walinga in favor of the Client will be invoiced separately. A surcharge of 5% of the fee may be invoiced for the coverage of general office expenses (postage, telephone, fax, photocopying and email costs). All amounts are exclusive of VAT.
- In general clients are monthly invoiced. Edens Walinga can decide to invoice more or less frequent.
- Current and future legal relations between the Client or any third party on the one hand and Edens Walinga on the other hand are and shall be governed by Dutch law. All disputes arising therefrom shall be submitted to the exclusive jurisdiction of the competent Court in Amsterdam, without prejudice to the right of appeal and appeal to the Supreme Court, or, exclusively at the discretion of Edens Walinga, by the court having jurisdiction in accordance with the law. If the Client is a natural person who does not act in the course of his profession or business, a term of 14 days will be awarded to the Client to opt for settlement of the dispute by the court having jurisdiction in accordance with the law, after Edens Walinga has invoked in writing the stipulation referred to in the preceding sentence first words.
- These general conditions can be modified. Modifications will be published on the website mentioned under article 21.
- These general conditions were drawn up in the Dutch language and were translated in the English language. In the event of any inconsistency between the Dutch version and the translation, the Dutch version is binding only.
- These general conditions can be consulted on the website: www.edenswalinga.nl.
Additional information (definitions remain the same)
On the basis of the European Services Directive (implemented in the Dutch Civil Code) and requirements of the Netherlands Bar Association, an Office Brochure (in the Dutch language) is emplaced. This Brochure is available for clients for inspection at the office and will be sent with the confirmations of assignments.
Furthermore, a Complaint Handling Regulation is established on the basis of requirements of the Netherlands Bar Association. This Regulation has an internal complaint procedure. The lawyer being the director of the contracting Partner takes care of the resolution of any possible complaints. In the event that after the consideration a complaint is not resolved sufficiently, those concerned have the opportunity to submit the complaint to the civil court. The complete Regulation is included in the Office Brochure (in the Dutch language).
The financial coverage under the professional liability insurance is mentioned in the Office Brochure and satisfies abundantly the requirements set by the Netherlands Bar Association.
The contracting Partner is practicing law for its own account and its own risk and the Partners only share a limited number of expenses through the Partnership. Therefore, the Partnership is not a collaboration as meant in the Netherlands Regulation on the Bar.