General Terms & Conditions
General Terms & Conditions
Article 1 TEN Advocaten
TEN Advocaten N.V. (“TEN Advocaten”) is a public limited company incorporated under Dutch law with the object of practising law. TEN Advocaten has its registered office in ‘s-Hertogenbosch (registered with the Chamber of Commerce under no. 71864342) and also maintains offices in Oss and Waalwijk.
Article 2 Applicability
These general terms and conditions apply to all assignments, unless otherwise agreed in writing prior to the conclusion of an assignment. These conditions are not only stipulated for TEN Lawyers, but also for the directors of TEN Advocaten and for the shareholders, employees and any auxiliary persons of TEN Advocaten, as if they had been stipulated by themselves.
Article 3 Assignment
All instructions shall be deemed to have been given exclusively to and shall be accepted exclusively by or on behalf of TEN Advocaten, even if it is the client’s express or implied intention that an instruction be carried out by one or more specific persons. The applicability of Sections 7:404 and 7:407(2) Dutch Civil Code is expressly excluded. Without prejudice to the other provisions of the law, both the client and TEN Advocaten may at all times terminate the assignment by giving notice, provided that this is done with due observance of a reasonable period of time in view of the circumstances.
Article 4 Liability
If during the execution of an assignment an event occurs that leads to liability of TEN Advocaten, then such liability is limited to the amount paid out under the professional liability insurance taken out by TEN Advocaten, plus the applicable deductible, limited to an amount of € 2.500.000 per claim.
However, TEN Advocaten shall not be liable or obliged to pay compensation for any damage if the client is in default of fulfilling any obligation towards TEN Advocaten at the time of the aforementioned event.
Any claim for compensation shall lapse one year after the commencement of the day following the day on which the client has become aware of the loss and with TEN Advocaten as the liable party, and in any event 10 years after the occurrence of the event that may give rise to the claim.
If TEN Advocaten is liable for damage to persons or property, such liability shall be limited to the amount paid out under the general liability insurance of TEN Advocaten in that case, plus the applicable deductible.
If and insofar as the above insurance policies do not pay out any benefits, the liability of TEN Advocaten shall be limited to a maximum of € 30.000.
Article 5 Engagement of third parties
TEN Advocaten carries out assignments exclusively for the benefit of the client. Third parties cannot derive any rights from an assignment, from the content of work performed and from the manner in which the assignment has or has not been performed. A client shall not be permitted to transfer the rights from an assignment to third parties under any title whatsoever, other than with the express prior written consent of TEN Advocaten.
Every assignment given to TEN Advocaten implies the authority to engage auxiliary persons and to accept any limitations of liability of auxiliary persons also on behalf of the client.
TEN Advocaten accepts no liability for the choice and for any shortcomings of these auxiliary persons, except in the case of intent or gross negligence on the part of TEN Advocaten.
Article 6 Fees
The fees payable to TEN Advocaten shall be calculated on the basis of the time spent by TEN Advocaten on the assignment, multiplied by the hourly rate applied by TEN Advocaten, and increased by a percentage surcharge for office costs. Unless expressly agreed otherwise in writing, agreed fees shall apply for the duration of the calendar year in which they have been agreed and may be adjusted annually. Disbursements made by TEN Advocaten on behalf of the client shall be charged separately. Where applicable, all amounts shall be increased by turnover tax. In principle, work performed shall be charged monthly. TEN Advocaten is entitled to require the client to pay an advance. Any advance payment received shall be set off against the final invoice.
Article 7 Payment
Payment shall be made within the term set in the invoice (14 days). Invoices shall be paid without right of suspension or set-off. In the event of late payment, TEN Advocaten may terminate the assignment without prejudice to its other rights. The client shall reimburse all extrajudicial collection costs. A fixed fee of 15% of the principal sum applies to companies. For private persons, the costs shall be calculated in accordance with the Extrajudicial Collection Costs Act.
Article 8 Dutch law
The agreements concluded between TEN Advocaten and its client, and any further agreements concluded with respect implementation of the assignment, shall be governed exclusively by Dutch law.
Article 9 Disputes
The Complaints and Disputes Procedure for the Legal Profession applies to our services. Any objections about the quality of the service or the invoiced amount can be made directly known by the client to the lawyer handling the complaint or to the complaints officer. This complaint shall be handled in accordance with the office complaints procedure of TEN Advocaten.
If the client and the lawyer handling the complaint fail to reach a solution, the dispute may be submitted to the Disputes Committee for the Legal Profession. The latter will handle the case in accordance with the Legal Profession Disputes Committee Rules. The lawyer handling the case can also submit unpaid invoices to the Disputes Committee for the Legal Profession. Disputes about the quality of services or the invoiced amount and claims for damages up to € 10.000 shall be handled by the Disputes Committee for the Legal Profession to the exclusion of the regular court. All other disputes shall be settled by the competent court of the court in the place where TEN Advocaten has its registered office.