The English language version of our general terms and conditions is provided for your information only. In such case that there is a conflict or difference of interpretation between the official Dutch language terms and the English language translation, the official Dutch language terms will prevail at all times.
Bowmer & Nuiten Advocaten/ Legal, hereinafter referred to as ‘B&N’ is a partnership of the independent legal entities with limited liability according to Dutch law, Veldhuijzen & Nuiten Advocaten B.V. (company register: 24319275) and Bowmer Legal B.V. (company register: 73766569). The participating legal entities are hereinafter referred to as ‘participants’. The participants each run an independent law practice at their own risk and for their own account and are each an independent contractor with regards to any instructions given by their respective clients.
Instructions can be given to a participant orally or in writing. However, a contract for services only comes into existence when the participant has sent the client a written confirmation of services. All instructions are solely for the participant that has received and accepted that instruction. That participant is the party that is solely obligated to carry out that instruction.
Notwithstanding the provisions of Article 7:404 of the Dutch Civil Code, the participant decides which of its partners and/ or persons in its employ carry out work for the client. The operation of Article 7:407, paragraph 2, of the Dutch Civil Code is explicitly excluded.
The participants are each insured for professional liability according to the guidelines of the Dutch Bar Association.
The participant’s liability is limited to the amount that is paid out in a given case by its professional liability insurer, in addition to the amount of excess that the participant carries in connection with such insurance.
In such case where there is no coverage provided by said insurance, any liability is limited to the fee charged in the matter concerned in the relevant year of the incident, up to a maximum of 25,000 Euro only.
The written confirmation of services as defined in Article 2 also states the fees applicable to the contract and the other terms upon which the case is accepted. The fees listed in the confirmation always exclude disbursements, such as registry fees, court fees, etc. and are furthermore exclusive of an agreed percentage of fee for office costs and VAT, unless explicitly stated otherwise. The participant reserves the right to periodically review and adjust both its fees and office costs.
Any work by the participant is carried out exclusively for the client. Third parties cannot derive any rights from the content of the work performed. The accepted instruction creates an obligation to perform to the best of the participant’s ability and not an obligation to guarantee any certain result.
The client indemnifies B&N and its participants against claims by third parties relating to work carried out by the participant on behalf of the client. Furthermore, in such cases where third parties are engaged on behalf of the client by the participant, the participant. is not liable for shortcomings of these third parties.
The participant is entitled to require the client to pay a retainer before commencement of any work, both in case of paying clients as well in legal aid cases. In legal aid cases, the retainer will be tailored to the expected level of the personal contribution set by the Dutch legal aid board (‘Raad voor Rechtsbijstand’), court fees and other costs.
The client is obliged to pay the participant’s invoices, retainers, disbursements and (advances to) personal legal aid contributions within 14 days after the invoice date, unless another payment term has been explicitly agreed.
If the client fails to pay any invoice within the payment term, the participant can claim statutory interest increased by 2 % per annum, as well as extrajudicial collection costs, calculated in accordance with the amounts stated in the Dutch ‘Besluit vergoeding buitengerechtelijke incassokosten’ (Stb. 2012, 141 and 142).
If the client fails to pay any invoice within the payment term, the participant has the right to suspend further work for the client.
The client gives the participant permission in advance for providing information to other employees of B&N and its participants, not directly involved in the case, which may be useful or necessary for the case.
In legal aid cases, the client gives permission in advance to provide the Dutch legal aid board (‘Raad voor Rechtsbijstand’) with all information and / or documents required for obtaining legal aid and / or compensation under the legal aid scheme.
These general terms and conditions also apply to additional and subsequent assignments / instructions from the client.
Contracts between the participant and the client shall be exclusively governed by Dutch law.
The complaints procedure of B&N (“klachtenreglement”) applies to all services performed by its participants. The client is obliged to report all complaints as to services or invoices to the complaints officer of B&N within two months of the complaint having come to light with the client. Upon request, the participant will send client a copy of the complaints procedure free of charge.
If the internal complaints procedure does not lead to a solution, all disputes regarding the services of the participant, including all disputes regarding invoices, shall be resolved pursuant to the Regulations of the Disputes Committee for the Legal Profession (“Reglement Geschillencommissie Advocatuur”), without prejudice to the authority of the participant to apply to the competent civil court if the client has not submitted the dispute to the Disputes Committee within one month after payment has been demanded in writing.
If the dispute concerns instructions from a private client / consumer, the Regulation provides for a binding ruling, unless the client applies to the competent civil court within one month after the complaint has been handled internally by the participant. If a private client does not pay the outstanding amount of its invoice(s) in escrow under the Dispute Committee, then the Disputes Committee will decide based on the rules of arbitration rather than by a binding opinion. In the case of instructions from a business / commercial client, the Regulation provides solely for arbitration. The Regulations of the Disputes Committee for the Legal Profession shall be provided on request by the participant.
In all other cases, the Civil Court of Rotterdam is competent to adjudicate disputes between the participant and the client.
Dordrecht/ Rotterdam, February 1st, 2019
Filed at the Court of Rotterdam on February 1st, 2019, under deed number 10/2019 - Bowmer & Nuiten Advocaten/ Legal