General Terms And Conditions Mr. Berendsen Advocaten
version 1 January 2022
- These General Terms and Conditions have also been stipulated on behalf of solicitors that work for the partnership of Mr. Berendsen Advocaten and third parties further mentioned under 3.
- Work for a client is done in pursuance to an assignment agreement. The agreement will be effective only after the solicitor in question has accepted the instruction in writing. Third parties cannot invoke any rights under the agreement, nor the work carried out thereunder or the results thereof. All assignments will exclusively be accepted and executed by the solicitor in question on behalf of the clients. The client consents to a different solicitor rendering services where appropriate (for instance in the absence of the contracting solicitor or in case of expert knowledge). Third parties (for instance bailiffs or other experts) may be called in.
- The solicitor shall exercise due care in the selection of third parties not in his employ (among whom foreign legal counsels and bailiffs). The solicitor, however, is not liable for any errors or omissions of these third parties and is authorised to accept any limitations of liability of third parties on the client’s behalf, without prior consultation with the client.
- Any liability of the solicitor is limited to the amount paid out under professional liability insurance policy of Mr. Berendsen Advocaten increased with the excess under said policy. Mr. Berendsen Advocaten has a professional liability insurance in accordance with the Netherlands Advocates Regulation.
- In the event and to the extent that no monies are paid out under the professional liability insurance, for whatever reason, any and all liability of the solicitor shall be limited to the amount of the fees charged and paid, up to a maximum of € 100,000. All claims lapse one year after the facts and circumstances upon which they are based become known to, or reasonably could have been known to the claiming party. All claims must be submitted in writing, duly reasoned and accompanied with sufficient evidence.
- The client indemnifies the solicitor and holds him harmless from and against any and all third party claims and shall indemnify the solicitor for all reasonable costs of defence against such claims.
- We are obliged to verify the client’s identity and notify authorities of unusual transactions.
- Unless otherwise agreed, professional fees shall be calculated on the basis of the number of hours worked, multiplied by the hourly rate established for the assignment in question by the solicitor. Furthermore the client shall be charged for disbursements (costs of third parties like court fees, bailiffs’ expenses). The solicitor may send, from time to time an invoice for services rendered and disbursements. The solicitor may require one or more retainers. He may suspend his work as long as these have not been paid. Retainers are settled with the final invoice.
- Unless the client asks and is technically able, emails and other electronic communication shall be unencrypted. The solicitor does not accept any liability for faulty transmission of information through the internet.
- These general Terms and Conditions shall apply to all assignments accepted by solicitors working for Mr. Berendsen Advocaten. In case of a discrepancy between the English version and the Dutch original, the Dutch shall prevail. Applicability of general terms and conditions of the client is explicitly rejected.
- Dutch law exclusively governs the legal relation between the client and the solicitor.
- The courts in Amsterdam are competent to adjudicate unless the law imperatively prescribes a different forum.
- The way in which we treat personal data is described in our privacy statement, which is published on our website.
Complaints Settlement Mr. Berendsen Advocaten
version 1 July 2016
- The following terms shall be used:
- complaint: every written expression of dissatisfaction of or on behalf of the client with the solicitor or persons for which he is responsible about the conclusion or execution of an assignment agreement, the quality of services rendered or the amount of an invoice, excluding complaints mentioned in paragraph 4 of the Advocates Act (Advocatenwet);
- plaintiff: the client or his representative that lodges the complaint;
- defendant: the person who is the subject of the complaint;
- complaints officer: the solicitor responsible for responding to the complaint.
- This regulation applies to all assignment agreements between Mr. Berendsen Advocaten and the client. Mr. Berendsen Advocaten assures that complaints are dealt with in accordance to this regulation.
- Complaints as outlined in Article 1 of this regulation that have not been settled satisfactorily shall be settled in accordance with Article 12 of the General Terms and Conditions of Mr. Berendsen Advocaten.
- Every complaint shall be submitted to Mr. Robert M. Berendsen, who shall act as complaints officer. He shall inform the defendant about the complaint and he shall give plaintiff and defendant the opportunity to make remarks with regard to the complaint. The defendant shall try to reach a settlement with the plaintiff, if need be after intervention by the complaints officer.
- The complaints officer deals with the complaint within four weeks after having received the complaint or shall inform the plaintiff about a deviation of this time period and the reason thereof and of the time period within which an opinion is expected.
- The complaints officer send his written opinion as to the soundness of the complaint to the plaintiff and the defendant and possible recommendations.
- In case the complaint has been settled without an opinion as to the soundness of the complaint, the complaints officer assures an adequate written report.
- The complaints officer and the defendant shall assure secrecy as to the complaints settlement.
- The plaintiff shall not be asked any financial compensation for complaints settlement.
- The complaints officer is responsible for a timely settlement of the complaint. The defendant shall keep the complaints officer informed about any contact and any solution reached. The complaints officer keeps the plaintiff informed about the settlement of the complaint. The complaints officer shall maintain a complaints file.