The law firm LEGAL LABELS is a company registered in the trade register of the Chamber of Commerce at The Hague, the Netherlands, under the number 61783668, for the purpose of providing legal services in the broadest sense of the words.
All assignments between the client and LEGAL LABELS, this including supplementary assignments and follow-up assignments, shall be subject to these General Terms and Conditions.
All assignments shall be accepted and executed by LEGAL LABELS, also if and in so far as it is the express or tacit intention that an assignment is to be executed by a certain person. The applicability of Articles 404 (which relates to the situation where it is the client’s intention that an instruction be carried out by a specific person) and 407(2) (which imposes a joint and several liability where an instruction is given to two or more persons) of Book 7 of the Dutch Civil Code is expressly excluded.
LEGAL LABELS shall be at liberty to have assignments awarded under its responsibility executed by persons who are affiliated to it, and/or, in the event LEGAL LABELS deems such necessary, by engaging the services of third parties.
LEGAL LABELS shall, in the execution of the assignments awarded to it and at the selection by it of third parties to be engaged, observe the duty of due care which may reasonably be expected of it under the given circumstances. Achieving the intended result is not guaranteed by LEGAL LABELS. LEGAL LABELS shall not be liable for a shortcoming or unlawful act of an engaged third party.
LEGAL LABELS, as well as all the persons whose services are engaged in the executing of an assignment, may invoke these general terms and conditions. In the event that, in the carrying out of its assignment, LEGAL LABELS should engage the services of third parties, the client shall now for then accept all limitations of liability invoked vis-à-vis LEGAL LABELS by such third parties.
The client shall allow that LEGAL LABELS and the persons involved in carrying out an assignment by or on behalf of LEGAL LABELS share information relating to the client and an assignment awarded by the client with other persons connected with LEGAL LABELS, to the extent required or useful for the purposes of client relation management.
The client shall be entitled to compensation for the entire damages sustained by the client that is, by law, a consequence of an event or series of connected events for which LEGAL LABELS is liable by law:
(a) where LEGAL LABELS has any insurance coverage for such damages, not to exceed an amount equal to the insurance payment to be received by LEGAL LABELS plus the excess payable by LEGAL LABELS under such insurance; or
(b) in the event LEGAL LABELS does not have insurance coverage for such damages, up to an amount equal to the fees excluding VAT and disbursements LEGAL LABELS invoiced to the client and which the client paid to LEGAL LABELS with respect to the relevant assignment in the year in which the event(s) took/taken place.
The limitation or exclusion of liability stipulated in this article will not apply to the extent that the loss or harm in question is the product of an intentional act or omission or deliberate recklessness on the part of LEGAL LABELS and/or its supervisors, regardless of whether they hold subordinate positions.
Without prejudice to the provisions set forth in Article 89 of Book 6 of the Dutch Civil Code, the right of the client to compensation for damages shall lapse in all events one (1) year after the occurrence of the event from which caused, whether directly or indirectly, the damages for which LEGAL LABELS is liable.
The provisions set forth in article 8 and article 9 of these terms and conditions shall also apply, if the client claims compensation for damages on the grounds of a right taken over or acquired from a third party.
The client indemnifies LEGAL LABELS against all claims of third parties as well as against all additional costs, that bear relation to services provided by LEGAL LABELS to the client.
Unless otherwise agreed upon, LEGAL LABELS will sent an invoice on a monthly basis which will include its fee increased with (i) disbursements and (ii) in case applicable, VAT. The disbursements may include, amongst others, court fees, costs by lawyers in other jurisdictions, experts, translators, couriers, process-servers etc. A breakdown of the activities performed and costs will be sent along with the invoice.
A fourteen (14) day term will apply to the payment of fee statements. If payment is not fully made on the expiry of this fourteen (14) day term, the client will be in default, without any notice of default being required, and LEGAL LABELS will be entitled to charge interest at the statutory rate and take the measures it deems necessary to have the outstanding fee statement paid.
In the event a payment is late, LEGAL LABELS is entitled to suspend the assignment / its activities for the client immediately until the payment has been made. LEGAL LABELS shall not be liable for any damages in such event.
Unless expressively agreed otherwise, LEGAL LABELS will only commence the activities to be carried out for the client after the client has made a payment on account. The level of this payment on account is dependent on the specific circumstances of the case. The payment will be deducted from the final invoice.
LEGAL LABELS is entitled to reassess its fees rates. In that event, LEGAL LABELS shall inform the client of any changes, with due observance of a reasonable notice period.
These general terms and conditions have been drawn up in the Dutch and English language. The Dutch text is binding.
The legal relationship between LEGAL LABELS and the client shall be governed by the laws of the Netherlands. Disputes shall exclusively be settled by the competent Dutch Court at The Hague, the Netherlands.
These general terms and conditions have been deposited at the Chamber of Commerce at The Hague, the Netherlands under number 61783668.