General Terms & Conditions

General Terms and Conditions

  1. These general terms and conditions apply to all assignments received by Keijser Van der Velden N.V. ("Keijser Van der Velden").
  2. All client assignments are understood to have been given exclusively to Keijser Van der Velden; this understanding also applies in the event that it is the explicit or implicit intent that the assignment shall be performed by a specific person affiliated with Keijser Van der Velden. The application of Article 7:404 of the Dutch Civil Code, which relates to such events, is herewith excluded. In addition, Article 7:407 paragraph 2 and Article 7:409 of the Dutch Civil Code do not apply. The term "person affiliated with Keijser Van der Velden" includes: employees, advisors, Stichting Beheer Derdengelden Keijser Van der Velden, partners and shareholders of Keijser Van der Velden.
  3. If, in the implementation of a client assignment or in connection therewith, an event should occur which leads to the liability of Keijser Van der Velden, such liability shall be limited to the amount or amounts paid out, if any, under Keijser Van der Velden's professional liability insurance, apart from Keijser Van der Velden's deductible as determined by this insurance. The event mentioned in the preceding sentence includes a failure to act.

    If, or in so far as, no amount or amounts are, for whatever reason, paid out under the professional liability insurance, the liability of Keijser Van der Velden shall be limited to twice the fee charged to the client by Keijser Van der Velden for the relevant case in the year prior to the event from which liability has arisen, up to a maximum of € 50.000.

  4. In the event that, whether or not in the implementation of a client assignment, damage, for which Keijser Van der Velden is liable, is inflicted to persons or (personal) property, such liability shall be limited to the amount or amounts paid out, if any, under Keijser Van der Velden's third-party indemnity insurance, apart from Keijser Van der Velden's deductible as stated under this insurance.
  5. Each claim for compensation of damages expires one year from the day after which the client has become aware of the damages and of Keijser Van der Velden as the liable party in connection therewith.
  6. In the event that Keijser Van der Velden engages a non-affiliated person in connection with the implementation of a client assignment, Keijser Van der Velden shall not be liable to the client for any errors made by such person. By giving an assignment to Keijser Van der Velden, the client authorises Keijser Van der Velden to accept every limitation of liability requested by such non-affiliated person on the client's behalf.
  7. If, in connection with the implementation of a client assignment, a third party claims compensation for damages from Keijser Van der Velden, the client shall financially safeguard Keijser Van der Velden from all costs related thereto, including legal costs, penalties and damages that Keijser Van der Velden is ordered to pay except in cases where Keijser Van der Velden is reimbursed for such costs by way of an insurance policy or in cases where Keijser Van der Velden can be shown to have committed an intentional act or gross negligence.
  8. The limitations of liability and rights to damage compensation contained in these general conditions also apply to each person currently affiliated with Keijser Van der Velden, persons who have been affiliated with Keijser Van der Velden in the past and to legal successors of such persons. The aforementioned persons may invoke these general terms and conditions.
  9. In applicable cases, Keijser Van der Velden shall keep third-party money in custody in a bank account in the name of Stichting Beheer Derdengelden Keijser Van der Velden. Stichting Beheer Derdengelden Keijser Van der Velden is not liable in the event that the bank in which the account is held does not meet its obligations.
  10. As a result of applicable regulations (including the Dutch Act on the Prevention of Money Laundering and Financing of Terrorism) Keijser Van der Velden is obliged to establish the identity of its clients and, under certain circumstances, to report unusual transactions to the authorities. By giving an assignment to Keijser Van der Velden, the client confirms awareness thereof and, to the extent necessary, consent thereto.
  11. All fees, including travelling and other expenses, are stated without VAT. Invoices from Keijser Van der Velden must be paid within 21 days. Keijser Van der Velden will charge legal interest on fees that are not credited to its bank account within 28 days from the date of the invoice. Such legal interest shall be calculated from the 29th day in accordance with Article 6:119 or Article 6:119a of the Dutch Civil Code. All costs of collection, both judicial and extrajudicial, shall be borne by the client.
  12. Complaints of any nature can be submitted to Keijser Van der Velden. A response to a complaint will follow as soon as possible and everything shall be done to come to a satisfactory solution. If no solution can be found this way, each party is entitled to bring the dispute either before the court in Arnhem or theGeschillencommissie Advocatuur in accordance with the Reglement Geschillencommissie Advocatuur in force at that moment. The authority to which the dispute is first introduced will have exclusive jurisdiction.
  13. The relationship between Keijser Van der Velden and its clients shall be governed by Dutch law.
  14. These general terms and conditions are available in both the Dutch and English language. In the event of any dispute arising as to the contents or purport of these general terms and conditions, the Dutch language version shall be binding.

   1 January 2011

 

Additional Information

Keijser Van der Velden N.V.
Groesbeekseweg 96
6524 DJ NIJMEGEN

Chamber of Commerce nr: 09212535
VAT nr: NL821714648 B01

Our lawyers have been registered with the Dutch Bar Associarion, de Nederlandse Orde van Advocaten:
Neuhuyskade 94
2596 XM
Den Haag
+31 703 35 35 35, info@advocatenorde.nl

Keijser Van der Velden took out its professional liability insurance and third-party indemnity insurance via AON Risk Services, P.O. Box 12250, 1100 AG Amsterdam. At the client's request, we will inform the client of the amount covered by the insurance and other relevant conditions.