General conditions

  1. All assignments are given to and executed by Nicolai Praktijk B.V., a closed corporation with limited liability, also acting under the name Nicolai advocatuur. Nicolai Praktijk B.V. is domiciled in The Hague and registered there at the Chamber of Commerce under number 27247620. Articles 7: 404 and 7:407 section 2 of the Dutch Civil Code are excluded.
  2. Any liability of Nicolai Praktijk B.V. is limited to the amount paid out by the professional insurance in the matter concerned. The professional insurance carried by Nicolai Praktijk B.V. meets the requirements of the Dutch Bar Association (Nederlandse Orde van Advocaten). If for any reason, no payment under mentioned insurance takes place, any liability is limited to the amount charged by Nicolai Praktijk B.V. in the matter concerned in the year concerned, with a maximum of € 25.000.
  3. Assignor will indemnify and hold harmless Nicolai Praktijk B.V. against any claims of third parties, including the costs that Nicolai Praktijk must make in that connection, if such claims are in any way connected with the activities carried out for Assignor, unless Nicolai Praktijk B.V. has acted in gross negligence or intentionally (“opzet of grove schuld”).
  4. Nicolai Praktijk B.V. is not liable for damages following from shortcoming of third parties it has engaged, nor is it liable for non-payment by the Stichting Beheer Derdengelden Nicolai Praktijk if such non-payment follows from the impossibility of the bank the monies have been trusted to, to meet its obligations.
  5. The limitations of liability in these general conditions are also applicable to any persons and legal entities engaged by Nicolai Praktijk B.V. in the execution of the assignment, among which mr. J.L.A. Nicolai and the Stichting Beheer Derdengelden Nicolai Praktijk.
  6. Nicolai Praktijk B.V. will invoice its activities monthly, accompanied by a specification of the activities performed and the costs incurred. Payment shall be made within 14 days after the date of invoice. If timely payment has not been made, Nicolai Praktijk B.V. is authorized to suspend its activities.
  7. The hourly rate charged by Nicolai Praktijk B.V. will be modified yearly in accordance with the CPI of the CBS. Apart from the hourly rate, Assignor shall be responsible for payment of additional costs, such as court fees, the costs of bailiff services, travel expenses, accommodation expenses and the costs of external experts. Nicolai Praktijk B.V. may demand an advance payment with respect to these additional costs.
  8. The agreement between Assignor and Nicolai Praktijk B.V. is governed by Dutch law; the district court of The Hague, The Netherlands, is competent in case of any disputes.
  9. In case of conflicts between this English translation and the original Dutch tekst of these general conditions, the latter will be decisive.