General Terms & Conditions
General Terms and Conditions GMW advocaten B.V. in The Hague.
(in the event of any differences between the English text and the Dutch text of these General Terms and Conditions, the Dutch text shall prevail)
1a. GMW advocaten B.V. (“GMW advocaten”) is a private company with limited liability. It trades under the name GMW advocaten.
1b. These general terms and conditions are applicable to each agreement or to any other legal relationship between GMW advocaten and a client, pursuant to which GMW advocaten performs work or will perform work.
2a. GMW advocaten will render all services on account of an agreement for services entered into with GMW advocaten, unless agreed otherwise in writing prior to an agreement. Only the lawyers of GMW advocaten are authorized to enter into agreements for services on behalf of GMW advocaten.
2b. The applicability of Articles 404 and 407, paragraph 2, Book 7 of the Dutch Civil Code is explicitly excluded.
3. GMW advocaten will carry out an assignment exclusively for the benefit of the client. Third parties cannot derive any rights from the assignment and from the work performed either in the light thereof or otherwise.
4a. All agreements for services will be exclusively entered into with and carried out by GMW advocaten.
4b. The client agrees that, if necessary, GMW advocaten will engage third parties to carry out the assignment.
5a. In the unlikely event that as a result of acting or failing to act an occurrence arises upon carrying out an assignment which leads to liability to clients and third parties on the part of GMW advocaten, this liability shall be limited at all times to the amount to which GMW advocaten is entitled in the case concerned under the professional liability insurance taken out by GMW advocaten, including the amount of the excess carried by GMW advocaten in connection with that Insurance.
5b. If and insofar, for whatever reason, no payment takes place under the professional liability insurance taken out by GMW advocaten, any liability shall be limited to the amount of the fee that has been charged to the client in the file concerned by GMW advocaten up to a maximum amount of € 11,350.
5c. The client is entitled to claim this limited amount from GMW advocaten only. Any action for damages against employees, lawyers or directors of the practices with legal personality in which certain partners perform their work is excluded. This third-party clause has been stipulated for the benefit of the persons mentioned who will be able to rely on this provision at all times.
5d. GMW advocaten is not liable for possible shortcomings by third parties who have been engaged by GMW advocaten.
5e. The client will indemnify GMW advocaten against all claims of third parties arising from or in any way connected to the work that is carried out for the client.
6a. Regarding the carrying out of an assignment, the client will owe GMW advocaten a fee plus disbursements, 6% office expenses and turnover tax. Unless agreed otherwise, the fee will be calculated on the basis of the number of hours worked, multiplied by hourly rates to be determined by GMW annually. GMW advocaten is entitled to adjust the hourly rates annually.
6b. GMW advocaten sends fee notes on a monthly basis unless the assignment gives rise to a different frequency of sending fee notes.
6c. GMW advocaten may ask the clients for an advance payment. This advance payment is set off against outstanding fee notes.
6d. In legal-aid cases the provisions of this Article shall only apply to the costs that are chargeable to the client on the basis of the decision by means of which legal aid has been granted.
7a. Fee notes of GMW are always immediately due and payable. However, GMW advocaten will grant a term of payment of 14 days.
7b. In default of payment on time the client is obliged to pay the collection charges, which amount to at least 15 % of the outstanding invoice amount, and the current statutory interest to GMW advocaten.
7c. The client agrees that GMW advocaten will set off its fee note or fee notes against that which belongs to the client and which GMW advocaten or its affiliated Stichting derdengelden (GMW trust account) is in possession of or gains possession of.
8. These general terms and conditions, unless agreed otherwise in writing, are applicable to all agreements for services. These general terms and conditions are also applicable to additional assignments and follow-up assignments.
9a. All claims of the client against GMW advocaten will lapse twelve months after the work to which the claim concerned relates has been carried out.
9b. GMW advocaten is entitled to amend these general terms and conditions. The amended general terms and conditions shall be applicable to new and current agreements.
9c. These general terms and conditions have also been drawn up and stipulated for the benefit of the directors and shareholders of GMW advocaten, the directors of those shareholders and all persons who are or were employed by GMW advocaten, either as partner, employee, advisor, third party accepting the assignment, or in any other capacity.
9d. The legal relationship between GMW advocaten and the client is governed by Dutch law. Disputes shall be resolved exclusively by the competent court in Den Haag. GMW advocaten is entitled to bring disputes before the court of the client’s place of residence.