General terms and conditions

of the private limited company TRC Advocaten B.V.

Article 1:
TRC Advocaten B.V. (hereinafter referred to as ‘TRC Advocaten’), having its registered office in Veldhoven and registered in the commercial register in Eindhoven under number 50093576 0000, is a private limited company incorporated under Dutch civil law and consists in part of private limited companies (practices with corporate personality). The objective of TRC Advocaten is to practise the legal profession. A list naming the individuals who hold shares in TRC Advocaten ('the partners') is available on written request.

Article 2:
These general terms and conditions will apply to all letters of engagement between TRC Advocaten and the client (hereinafter referred to as the ‘client') and also to all ensuing letters of engagement entered into with the client and all other ensuing (legal) acts by TRC Advocaten on behalf of the client. Once these general terms and conditions have become applicable, they will also apply to new letters of engagement between TRC Advocaten and the client without any further declaration of applicability being required and to all non-contractual relations between TRC Advocaten and the client, being wrongful or unlawful acts in particular. The applicability of any other general terms and conditions is explicitly excluded.

Article 3:
The stipulations set out in these general terms and conditions are not intended solely to benefit TRC Advocaten, but also to serve the interests of its partners, the directors of the partnerships and all individuals that TRC Advocaten engages in the performance of any engagement and also all individuals for whose acts or omissions TRC Advocaten could be liable.

Article 4:
All engagements will only be accepted and implemented by TRC Advocaten. The same will also apply if it is the explicit or implicit intention of the client for an engagement to be carried out by a particular individual. The applicability of Section 7:404 of the Dutch Civil Code (Burgerlijk Wetboek (BW)), which regulates the latter, and of Section 7:407(2) of the Dutch Civil Code, which establishes a joint and several liability for situations in which an engagement is issued to two or more individuals, is explicitly excluded.

Article 5:
TRC Advocaten will be free to have engagements carried out by one or more partners and/or members of staff at TRC Advocaten that it has designated to do so. Where appropriate, this may involve engaging the services of third parties.
The client will give TRC Advocaten its prior permission to submit to third parties all information that TRC Advocaten believes the said third parties will require.
Where possible and reasonably appropriate, third parties will be decided on in consultation with the client and with the observance of all due care. TRC Advocaten will not be liable for any shortcomings on the part of these third parties. If these third parties wish to limit the liability arising for them in connection with the performance of an engagement, TRC Advocaten will have the right to accept a limitation of liability of this nature on behalf of the client.

Article 6:
TRC Advocaten will endeavour to perform the engagement entered into with the client with the care and expertise required. However, TRC Advocaten will not guarantee the achievement of the result envisaged by the client.

Article 7:
Performance of the engagement issued will be effected solely on behalf of the client. Third parties will not be able to derive any rights from the content of the work carried out.

Article 8:
Any liability on the part of TRC Advocaten, its partners and its members of staff will be limited to the amount paid out under the relevant liability insurance of TRC Advocaten in the case in question, plus the amount of the excess to be paid by TRC Advocaten under the insurance contract in the case in question.

Article 9:
If no payment is made under the insurance referred to in the previous article for whatever reason, any liability on the part of TRC Advocaten will be limited to three times the fee charged to the client by TRC Advocaten in the case and year in question, up to a maximum of € 50,000.00 per claim.

Article 10:
TRC Advocaten and the client will have the right to terminate the engagement between them at any time.

Article 11:
TRC Advocaten will charge a fee for its work, based in principle on an hourly rate, a flat-rate fee for office expenses and the time spent on a case, plus the costs incurred (expenses) and VAT. TRC Advocaten will have the right to change the hourly rate and fixed-rate fee referred to above during its performance of the engagement (annually, in principle). TRC Advocaten will always have the right to require the client to pay an advance on the fee, the fixed-rate fee and the costs to be incurred.

Article 12:
The fee notes issued by TRC Advocaten must be paid within fourteen days of the invoice date, without any deduction. If payment is not made on time, the client will be required to pay interest at 1% per month on the fee-note amount outstanding. The client will bear all judicial and extrajudicial costs that TRC Advocaten is to incur in connection with the collection of the amounts due to it.

Article 13:
The Complaints Procedure in place at TRC Advocaten (hereinafter referred to as the 'Complaints Procedure') will apply to all letters of engagement entered into with TRC Advocaten. The text of the Complaints Procedure is available from the following website: www.trc-advocaten.nl. This procedure involves the internal handling of complaints by a complaints officer. Complaints that have not been resolved in this manner may only be brought before the competent court in the court district of ’s-Hertogenbosch.

Article 14:
The legal relationship between TRC Advocaten and the client will be governed by Dutch law. Disputes will only be settled by the competent court in the court district of ’s-Hertogenbosch. TRC Advocaten will also be entitled to submit a dispute to the competent court in the place where the client has his/her residence or its place of business.