The services of Bierman Advocaten are subject to general terms and conditions, including a limitation of liability to the amount paid under our professional indemnity insurance. These general terms and conditions can be downloaded here.
1.1 The present terms of business apply to the relation between the instructing party or the client and Bierman Advocaten LLP – hereinafter to be referred to under its trade name “Bierman Advocaten” – and explicitly replace any of the instructing party’s or the client’s terms which conflict with these terms.
2.1 Bierman Advocaten has its principal offices in Tiel and is registered with the Chamber of Commerce (Kamer van Koophandel Midden Nederland) under number 55406610. Bierman Advocaten is a limited liability partnership under the laws of England and Wales and has its registered office at 78 Portsmouth Road, Cobham, Surrey, KT11 1AN England; it is registered as Bierman Advocaten LLP under registration number OC366885 with Companies House in Cardiff.
2.2 The contractor is always Bierman Advocaten and never a member, director or employee of Bierman Advocaten, not even if the instructions are intended, either explicitly or implicitly, to be carried out by a certain person. Any rights of action or recourse regarding the services provided by Bierman Advocaten or regarding any other issue will thus be exercised against Bierman Advocaten and not against any of its auxiliary persons, members, directors, officers, clients or employees. The persons referred to in the previous sentence may also rely on this stipulation.
2.3 Bierman Advocaten determines the way in which the instructions will be performed and by which persons.
2.4 Article 7:404 Netherland Civil Code is excluded; this article includes an arrangement for the event instructions are given with a view to a person who conducts a profession or a business together with the client or in the client’s employment. Article 7:407 paragraph 2 Netherlands Civil Code is also excluded; this article vests joint and several liability in the event instructions are given to two or more persons.
2.5 The client is the natural or legal person on whose behalf the instructions are carried out. If the instructions are provided by another person than the client, Bierman Advocaten may require the instructions be put in writing and signed by the client.
2.6 By accepting the instructions, Bierman Advocaten accepts an obligation to perform to the best of its abilities (inspanningsverplichting). Bierman Advocaten will carry out the instructions to the best of its abilities and as befits a professional acting with care. Bierman Advocaten cannot guarantee that a particular, intended result will actually be effected.
2.7 The instructing party is held to provide Bierman Advocaten with all relevant data and information required for the instructions to be carried out. If the instructing party should fail to comply with this requirement, Bierman Advocaten will be entitled to suspend or cease performance of the instructions. The data required include the identification details pursuant to the Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financieren van terrorisme (Wwft)).
2.8 The instructing party is held to inform Bierman Advocaten, without delay, of any facts and circumstances that are relevant for the performance of the instructions. The instructing party also guarantees the correctness, completeness and reliability of the data and information provided by the instructing party to Bierman Advocaten.
3.1 Bierman Advocaten is entitled to adapt its fees from time to time.
3.2 Apart from the fees, disbursements will be due and payable by the instructing party to Bierman Advocaten. The disbursements include expenses to be specified, such as court fees, bailiff’s costs, travel and subsistence expenses, assessment and valuation costs, translation costs, cadastral charges, data room charges, expenses incurred by witnesses, charges for extracts and the like and office expenses that cannot be easily specified such as postage, telephone, facsimile and the like; the latter expenses may be set at a percentage of the relevant fee.
Billing and fee notes
4.1 By providing the instructions and following Bierman Advocaten’s acceptance of the case, the instructing party will accept liability for the payment of the fee notes sent in relation to the case.
4.2 If and in so far as Bierman Advocaten charges an advance, the instructing party will be held to pay Bierman Advocaten a payment on account for any amounts due.
4.3 When performing the instructions, Bierman Advocaten will be entitled to send interim fee notes.
4.4 If the instructing party should be an other person than the client, both the instructing party and the client will be jointly and severally liable for the payment of any sums due and payable to Bierman Advocaten in relation to the case.
4.5 The payment term for the fee notes is fourteen days following the invoice date.
4.6 The board of the foundation Client Account Bierman Advocaten in Tiel (Stichting Derdengelden Bierman Adovocaten in Tiel) is always entitled – for as long as this board is part of the board of Bierman Advocaten – to give instructions for the transfer of the instructing party’s or the client’s bank balances in payment of any amounts due to Bierman Advocaten in so far as fees, disbursements and any turnover tax due on these sums are concerned.
4.7 The client declares to be aware that Bierman Advocaten does not perform any activities in the context of legal aid financed by the authorities and if the client should want to be eligible for such legal aid, the instructing party will have to engage a law firm that does provide financed legal aid. Information on this issue can be obtained from the Legal Aid Board (Raad voor de Rechtsbijstand (www.rvr.org)).
Termination of engagement, suspension, complaints
5.1 Both Bierman Advocaten and the instructing party may terminate the engagement by giving notice of termination. The instructing party may do this at any time. Bierman Advocaten is entitled to terminate the engagement if a change in circumstances should occur which is of such nature that Bierman Advocaten can no longer be reasonably expected to perform any further activities. This would apply if there is a breach of trust in the relationship between Bierman Advocaten and the instructing party and in the event the instructing party acts in violation of the provisions of the letter of engagement, including these general terms.
5.2 If a fee note or a payment on account as referred to in article 4.2 has not been paid upon expiry of the payment term and despite a written demand by Bierman Advocaten to that effect, the performance of the instructions may be ceased or suspended. The instructing party will be informed, without any delay and in writing, about the termination or suspension of performance.
5.3 Any complaints concerning fee notes and activities carried out by Bierman Advocaten are to be lodged within a month following the moment the instructing party became aware, or could reasonably have become aware, of the act or omission that has led to the complaint.
5.4 Any complaints concerning fee notes and activities carried our by Bierman Advocaten are subject to a complaint procedure. Bierman Advocaten will always provide the instructing party with a copy of the complaint regulations (Kantoorklachtenreglement) applicable to the complaint procedure, upon the instructing party’s request and by return of post, and make the text of these regulations available on its website www.bierman.nl. Lodging a complaint does not release the complainant from the obligation to pay the fee notes in time and is without prejudice to the provisions of the first paragraph of the present article.
Interest and collection charges
6.1 In the event the instructing party should fail to pay a fee note within the relevant payment term, the instructing party will be in default without a notice of default being required. As from that moment the statutory interest is due and payable by the instructing party. The statutory commercial interest rate is due and payable by legal persons and persons who act in the course of their profession or business.
6.2 Furthermore, in the event of default extrajudicial collection costs are also due and payable by the instructing party to Bierman Advocaten on the full outstanding invoiced amount, calculated in accordance with the Extrajudicial Collection Costs (Standards) Act (Wet normering buitengerechtelijke incassokosten) and the relevant Decision (Besluit).
6.3 In this article 6 the phrase ‘instructing party’ is also meant to refer to the client in the event article 4.4 should be applicable.
7.1 In the event one or more mistakes are made in the performance of the instructions provided to Bierman Advocaten, the total amount to be paid to the instructing party and third parties as compensation of damages with respect to these activities is limited to the amount which is paid under Bierman Advocaten’s liability insurance in the matter concerned, plus the amount of the excess which, under the policy conditions, is not borne by the insurers. In concrete matters Bierman Advocaten is always authorized to agree on a lower liability limit.
7.2 This limitation of liability also applies if Bierman Advocaten is liable for mistakes made by third parties that have been contracted by Bierman Advocaten or if Bierman Advocaten is liable for improper performance of hardware, software, data files, registers or other items, without any exceptions, that are used in the performance of the instructions.
7.3 This limitation of liability also applies in the event Bierman Advocaten has refused to render its services and damage was caused by that refusal.
7.4 The limitation of liability is also meant to apply for the employees, members, directors and all other persons associated with Bierman Advocaten and working at its offices, whether in salaried employment or not, so that the persons referred to in this paragraph can also rely on this limitation of liability.
Electronic files and storage of papers and documents
8.1 Bierman Advocaten may decide to compile the instructing party’s file digitally.
8.2 When Bierman Advocaten has concluded the case, both the papers and documents in the file that were provided by the instructing party and the case file will be made available to the instructing party.
8.3 Bierman Advocaten will store the file – in so far as this has been physically compiled and not yet partially or completely handed over to the instructing party or transferred to digital data carriers – for a period of ten years, after which period the file may be destroyed. Bierman Advocaten is always entitled to store the files in digital format only.
Amendment of these terms
9.1 These general terms of business may be amended by Bierman Advocaten or further provisions may be added.
9.2 The instructing party will be informed as soon as possible about these amendments or additions.
9.3 The amended terms will take effect one month after the publication of the amended terms on Bierman Advocaten’s website.
Applicable law and competent court
10.1 Any letter of engagement between Bierman Advocaten and its instructing parties and clients is subject to the laws of the Netherlands. Any dispute that may arise will be judged by the District Court Gelderland, to the exclusion of all other courts .
11.1 In the event there should be any doubt about the interpretation of the English text of the general terms of business and its appendix or about the English text of a letter of engagement, the original Dutch text will serve as a guideline.
Version January 2017