GENERAL TERMS AND CONDITIONS
Article 1
BASE Advocaten B.V. ('BASE Advocaten'), whose registered office is in Rotterdam, is a private company with limited liability incorporated under Dutch law. Its object is to exercise the legal profession, including the provision of local counsel services. On request a list will be sent of the persons by whom shares in BASE Advocaten are held through their holding companies ('the partners').
Article 2
All services and other activities are carried out by BASE Advocaten under a contract for professional services concluded with it, unless otherwise agreed upon in writing.
Article 3
All instructions are accepted and carried out by BASE Advocaten only, even if the expressed or implied intention is for an instruction to be carried out by a specific individual. The applicability of articles 404 and 407 (2) of Book 7 of the Dutch Civil Code is expressly excluded.
Article 4
Instructions are carried out by BASE Advocaten for the benefit of the client only. Third parties may derive no rights from the instruction and any activities performed in relation thereto.
Article 5
The choice of any third parties to be engaged by BASE Advocaten, except where local counsel or bailiff assistance is required, will as much as possible be made in consultation with the client and with due observance of the requirements of due care. BASE Advocaten and its partners will not be liable for any shortcomings on the part of any third parties engaged by BASE Advocaten. BASE Advocaten is hereby authorized by the client to accept any third parties’ limitations of liability on client’s behalf.
Article 6
The client shall indemnify and hold BASE Advocaten harmless from and against any and all claims from third parties as well as any costs to be incurred with respect thereto by BASE Advocaten, including the cost of legal aid, arising from the activities performed by BASE Advocaten for the benefit of the client. The client shall moreover indemnify and hold BASE Advocaten harmless from and against any and all claims from third parties against BASE Advocaten or its partners further to a disclosure that was mistakenly made within the context of the Disclosure of Unusual Transactions (Financial Services) Act [Wet Melding Ongebruikelijke Transacties] ('Wet MOT').
Article 7
If in the performance of an instruction an event should occur as a result of an act or omission, leading to liability towards the client on the part of BASE Advocaten, such liability will always be limited to the amount paid out in the relevant case under the professional liability insurance taken out by BASE Advocaten, plus the amount of the deductible payable by BASE Advocaten in the relevant case under the insurance agreement.
Article 8
Fees shall be payable by the client to BASE Advocaten for the performance of an instruction, plus disbursements and turnover tax. Unless otherwise agreed upon, the fees will be calculated on the basis of the number of hours worked, multiplied by the hourly rate annually to be determined by BASE Advocaten.
Article 9
BASE Advocaten is authorized to apply any advance that has been paid towards the invoice by the client to the oldest outstanding invoice, as well as to all that is held or will be held for the client by BASE Advocaten.
Article 10
Where assigned cases are concerned, the provisions of articles 8 and 9 only apply to the costs payable by the client under the assignment decision.
Article 11
Invoices from BASE Advocaten are payable within fourteen days – without setoff or suspension. When no payment is forthcoming despite a demand to that effect, BASE Advocaten will be authorized to charge the client for extrajudicial collection costs to the amount of 15% of the principal sum.
Article 12
In case of non-payment for the activities carried out by or at the instructions of BASE Advocaten for the benefit of the client, BASE Advocaten will be authorized to suspend its activities until full payment of the outstanding invoices has been effected; any liability on the part of BASE Advocaten for damage that may arise as a result thereof shall be excluded.
Article 13
Unless otherwise agreed upon in writing, these general terms and conditions shall apply to all contracts for professional services concluded with BASE Advocaten. They shall furthermore apply to all additional and subsequent instructions. These general terms and conditions have been drawn up both in Dutch and in English. In the event of a dispute about the contents or scope of these general terms and conditions, the Dutch text shall be binding.
Article 14
The legal relationship between BASE Advocaten and the client is governed exclusively by Dutch law. Any disputes will be submitted to the competent court in Rotterdam.
Filed at the Court of Rotterdam on the third of January 2006.
Solving your problem, so that you can continue with your business. That is what it is all about. It is our profession and our passion to make a business dispute or employment dispute manageable and to solve it. Sometimes we are able to do this by staying invisible by casebuilding the best file possible for and together with you behind the scenes. Being diplomatic where possible and aggressive where needed. And sometimes, full-on litigating is unavoidable. Because limits have been reached, because the other party remains unwilling to come to a constructive amicable solution, or because it may be important for your market reputation to draw a line.
Tailor-made service is key in the handling of each case. Because we are doing it together, lawyer and client. We invest in the mutual cooperation and we look in depth at your company and your market. BASE makes clear choices out of strength, because we only want to do what we are really good at and because you are simply counting on added-value. Therefor our practice focuses on Corporate & Commercial Litigation and Employment law.
At BASE Advocaten we practice the litigation- and dispute resolution practice at the highest level. We advise and assist domestic- and foreign clients in their vital business disputes. Disputes within the company, directors’ liability, shareholders disputes, disputes concerning commercial contracts, acting against (or for) financial institutions about duty of care-disputes and professional liability disputes. These are just some examples. Click below for further information.
BASE Advocaten provides topspecialists in Employment law. We act on behalf of employers (both domestic and foreign), individual directors/employees, and works councils. On a daily basis we advise and litigate on matters regarding (for example) the termination of employment, reorganizations, employment terms and conditions, disciplinary measures, employee participation and employer’s liability. Click below for further information.
