1. DeWaardSinke B.V. ("DeWaardSinke") is a limited liability company organised and existing under Dutch law, its object being to conduct a practice of law ("advocatuur").
2. All instructions from clients are solely accepted and carried out by DeWaardSinke. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code are hereby excluded. This shall also apply if the instruction by thec client shall explicitly or implicitly be intended to secure the execution of the instruction by a particular person.
3. Any and all liability of DeWaardSinke is limited to the amount paid out, if any, under DeWaardSinke’s professional liability insurance policy in the matter concerned, plus the amount of the own risk deductible that is not for the account of the insurers under the policy conditions in the matter concerned. 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 DeWaardSinke shall be limited to an amount of EURO 50.000 or, if the total fees charged by DeWaardSinke in the matter concerned are higher, limited to the amount of such fees up to a maximum of EURO 100.000.
4. DeWaardSinke shall, as far as possible, consult the client before engaging third parties, and shall in any event exercise the necessary due care in its selection of third parties. DeWaardSinke is not liable for any acts and/or omissions of third parties. The client hereby authorises to accept any limitations of liability of third parties on its behalf.
5. Without prejudice to the provisions in Article 2, these general conditions do not apply only to DeWaardSinke, but also to all persons involved in carrying out the instruction and/or who have any liability in that connection.
6. Unless otherwise agreed, professional fees shall be calculated on the basis of the number of hours worked multiplied by the relevant hourly rates established annually by DeWaardSinke.
7. Costs paid for by DeWaardSinke on behalf of the client shall be charged separately. A percentage of 5% of the professional fees shall be charged to cover general office costs (such as postage, phone, fax, photocopying).
8.All amounts are exclusive of VAT. The services rendered shall in principle be charged to the client on a monthly basis, subject to payment within 14 days of the date of the invoice.
9. These general conditions shall apply to every instruction accepted by DeWaardSinke, including any follow-up instructions. The Dutch text of these general conditions shall prevail in the event of any differences between the English text and the Dutch text. These general conditions have been deposited at the Court Registry of the Amsterdam District Court. DeWaardSinke is registered in the Commercial Register of the Chamber of Commerce under number 33272739.
10. The legal relationship between the client and DeWaardSinke is governed by Dutch law.
11. De Klachten- en Geschillenregeling Advocatuur (The Complaints- and Disputes Scheme for Lawyers) is applicable to all instructions given to DeWaardSinke by the client.
12. In case the dispute falls outside the scope of De Klachten- en Geschillenregeling Advocatuur, it shall be exclusively decided by the competent Court in Amsterdam. In case DeWaardSinke will act as plaintiff, DeWaardSinke will also be authorized to bring the matter before the Court that would be eligible for the client.