- De Boorder Schoots Familierechtadvocaten en Scheidingsbemiddelaars [Family Law Lawyers and Divorce Mediators] is a partnership under Dutch law that consists of private companies with limited liability (hereinafter called: De Boorder Schoots). A list of the private companies with limited liability that are members of the partnership will be sent on request. These private companies with limited liability as well as the lawyers working for De Boorder Schoots comply with the requirements imposed by the Dutch Bar.
- All assignments are accepted and carried out exclusively by or on behalf of De Boorder Schoots. The sections 7:404, 7:407(2) and 7:409 of the Civil Code shall not apply.
- These general conditions have also been prepared for the benefit of the members of the partnership, the managing directors of the private companies with limited liability as well as the persons who work or worked, whether or not by virtue of a contract of employment, for De Boorder Schoots and the third parties engaged by or on behalf of De Boorder Schoots for the performance of the assignment.
- De Boorder Schoots shall be at liberty to have any granted assignments carried out under its responsibility by the members of the partnership, the lawyers and other employees in the paid employment of De Boorder Schoots, as the occasion arises with engagement of third parties.
- In the performance of the assignment granted to it, in the performance of all work and in the selection of other persons to be engaged by it, De Boorder Schoots shall observe the care of a good contractor. De Boorder Schoots shall not be liable for shortcomings of these third parties, bar wilfulness or gross negligence of De Boorder Schoots.
- Any liability of De Boorder Schoots and of all the persons that work for or on behalf of it shall be limited to the amount that is paid out in the relevant case on the strength of the liability insurance taken out by De Boorder Schoots. Particulars about the insurance are available on request.
- If and in so far as no payment on the strength of insurance should be made, any liability shall be limited to the amount billed and received by De Boorder Schoots in the relevant case, to a maximum of EUR 50,000. The members of the partnership, its officers, and also all the persons who work or worked for De Boorder Schoots shall never be personally bound or liable.
- De Boorder Schoots shall be empowered to accept possible liability limitations of third parties, as referred to in article 6, on behalf of the client. Any liability of De Boorder Schoots for a shortcoming of a third party shall be limited to the amount that the client could have received in the event of a direct claim on that third party.
- Payment of invoices of De Boorder Schoots must be made, without suspension or set-off, within fourteen days after the invoice date. Except in case of immediate written objection of the client, De Boorder Schoots and its Stichting Derdengelden [Trust Account Foundation] shall be entitled to set off moneys to be received for or from the client with or to use them for payment of any amounts that the client owes De Boorder Schoots. Should the client fail to pay the invoice completely within the allocated time, the client is in omission without further notice of default and De Boorder Schoots shall claim interest for late payment at a rate of 1% a month as per the date of omission to pay, for the outstanding amount. Part of a month shall be considered a whole month. In case the client is in omission to pay the total outstanding amount of the invoices that de Boorder Schoots sent to the client, then the client is liable for all the (extra) judicial expenses that are related to the collection of bills, as set forth in the following:a) Insofar as the client did not handle in the capacity of his profession or via his company, De Boorder Schoots can claim am amount equal to the maximum legally permissible for extra judicial costs, as is determined in and will be calculated according to the besluit vergoeding voor buitengerechtelijke incassokosten [decree reimbursement for extra judicial costs for debt collection], insofar as the unpaid invoices –after the date for payment has expired- have not been paid by the client within 16 days after the date of the sent warning notice, calculated from the day after the date of the warning notice was sent.
b) Insofar as the client was conducting himself in a professional capacity or via his company, De Boorder Schoots will claim, in derogation of art. 6:96 sub 5 BW (Dutch civil code) and in derogation of the besluit vergoeding voor buitengerechtelijke incassokosten [decree reimbursement for extra judicial costs for debt collection], reimbursement of and payment of the (extra) judicial expenses for debt collection, which are for that time set at an amount equal to 15% of the total unpaid sum, with a minimum of € 40,00 ex. VAT for each partially or wholly invoice left unpaid.
- De Boorder Schoots shall be entitled to make interim changes in the hourly rate used by it and in the travel expense allowance used by it for trips by car or train.
- These general conditions have been drawn up in the Dutch and English languages. In the event of a conflict about the contents or tenor of these general conditions the Dutch text shall be binding.
- De Boorder Schoots has an internal complaint regulation that is applicable to every assignment. Also, De Boorder Schoots is a participant of the Lawyers Complaint and Disagreement Scheme. If De Boorder Schoots does not succeed in resolving possible issues on the manner in which the work was conducted with the client himself, then the client can turn to the Geschillencommissie Advocatuur [Lawyers Disagreement Committee]. All the disagreements as a direct result of the creation and/or performance of our services, including disagreements on the invoices, will be settled according to the Regulation of the Lawyers Disagreement Committee. Should the disagreement concern the assignment by a private client, the Regulation provides a binding opinion, unless the client, within a month after the conclusion of the complaint by the lawyer turns to the civil judge. In case of collection of a claim against a private client, then there will only be a binding opinion if the client will place the money claimed in escrow with the Disagreement committee. If he fails, then on the collection arbitration will apply. If the assignment was given by a professional client, then the Regulation contains an arbitration clause.
- These general conditions have been filed at the court registry of the District Court of Amsterdam and have been included in the website of De Boorder Schoots: www.deboorderschoots.nl.
Amsterdam, February 2015