General Terms and Conditions of VVH Advocaten (VVH)

  1. VVH is a partnership consisting of private company’s under Dutch law.
  2. Contrary to the Articles 404 and 407, paragraph 2, Book 7, Dutch Civil Code, all instructions are exclusively accepted and carried out by the partnership, even if and insofar as an instruction has been given with regard to one or more persons, and furthermore exclusively on the principal’s behalf.
  3. Due and proper care will be exercised when selecting the third parties to be called in by VVH. VVH is not liable whatsoever for any shortcomings of these third parties. VVH is authorised by its client or on its client’s behalf to accept any liability restrictions of third parties towards its client.
  4. Any liability of VVH will be limited to the amount paid by its liability insurance policies in question in the case in question increased by the amount of VVH’s own risk borne by VVH under the policies of the liability insurance policies in question. Inspection can be granted of the policies of VVH’s liability insurances at request. If and insofar as no payment takes place under a liability insurance, for whatever reason, any liability will be limited to no more than € 25,000 or, if the fee invoiced by VVH in the case at hand is higher, up to the amount of said fee with a maximum of € 50,000.
  5. Any claims of principals lapse if they have not been submitted to VVH in writing stating reasons within 2 years after the principal was cognisant or should reasonably have been cognisant with the facts on which the claim is based.
  6. Unless explicitly agreed otherwise, the fee to be invoiced by VVH or on behalf of VVH to the principal will be calculated on the basis of the number of hours worked multiplied by the hourly rate to be annually determined by VVH. VVH is entitled to index the hourly rate agreed upon after the calendar year has passed. Disbursements advanced by VVH on behalf of the principals will be invoiced separately. A percentage of the fee calculated can also be invoiced to cover the general office costs, including the costs of postage, telephone, fax and copying.
  7. The invoices to be sent by VVH have to be paid within two weeks after the invoice date without any deduction, discount or settlement, failing which the principal will de jure be in default. In case of default, the principal owes legal (commercial) interest. In case of collection measures, the principal owes extrajudicial collection costs. These extrajudicial collection costs are fixed at 15% of the outstanding amount with a minimum of € 50.
  8. At the partnership’s first request, the principals or their authorised representatives will establish their identities in a legally valid way.
  9. The legal relationship between VVH and its principals is exclusively governed by Dutch law. Unless the law provides otherwise, all disputes will be settled in the first instance by the court in Amsterdam competent to hear the case.