Barnsteen Advocatuur is a one-man business of Mr J. (Jan) Van Duijvendijk, whose mission is to exercise the legal practice, and who is registered in the Register of Companies (Chamber of Commerce) under number 63394987.
The clauses in these general terms and conditions were not only made for the benefit of Barnsteen Advocatuur, but also for the benefit of all and any (other) persons employed by Barnsteen Advocatuur today or in the future, all persons engaged by Barnsteen Advocatuur for the execution of client assignments today or in the future, respectively all persons for whose acts or omissions Barnsteen Advocatuur could be liable. These general terms and conditions are applicable to all services performed by or on behalf of Barnsteen Advocatuur, regardless of whether such services are performed in the capacity as lawyer, consultant, mediator, curator,
administrator or otherwise.
All client assignments shall be exclusively accepted and carried out by Barnsteen Advocatuur. This also applies if it is the explicit or implied intention to have a client assignment carried out by a specific person who is employed by Barnsteen Advocatuur or who is engaged for the services concerned. The applicability of Section 7:404 Dutch Civil Code, providing a regime for the last-mentioned case, and of Section 7:407 (2) Dutch Civil Code, establishing a joint and several liability for cases in which two or more persons have been given a client assignment, is herewith
precluded. The applicability of other general terms and conditions, such as those of a client, is herewith precluded.
Barnsteen Advocatuur reserves the right to engage third parties within the scope of carrying out the client assignment, such as authorized representatives, bailiffs, investigation bureaus, collection agencies, accountants, tax experts, the Land Registry, the Chamber of Commerce, law firms, civil-law notary firms, et cetera. The costs related howsoever to the work carried out for a client by the aforementioned third parties shall be charged to such client. Barnsteen Advocatuur may take part in (inter)national networks or other forms of collaboration with other lawyers, civil-law notaries and tax experts or comparable professional service providers. If a member of such a network or form of collaboration is engaged in consultation with the client, this shall create a legal relationship between the client and the member concerned - and not with Barnsteen Advocatuur.
In the performance of client assignments, in the execution of all work, and in the selection of other persons that it may engage, Barnsteen Advocatuur shall observe the due diligence and care of a contractor.
All client assignments shall be carried out exclusively for the benefit of the client. Unless Barnsteen Advocatuur has agreed beforehand and in writing, the client shall not disclose or make available any advice given by Barnsteen Advocatuur to third parties. Third parties cannot derive any rights from work carried out for the benefit of a client.
The dossier or sub dossier created by a client assignment shall be archived in digital form for seven years after its conclusion, after which Barnsteen Advocatuur shall be entitled to destroy the dossier.
For the execution of the client assignment the agreed fee shall be payable by the client, increased by disbursements, overhead and turnover tax.
The payment deadline of fee notes is fourteen days after date of invoice. Payment shall be effected in the manner set forth in the invoice. The client shall waive all and any right to suspension or set-off. If payment is not received in time or not at the full amount, the client shall be in default by operation of law and shall owe late payment interest amounting to the statutory commercial interest under Section 6:119a Dutch Civil Code. All and any collection costs shall be borne by the client, with a minimum of 10% of the outstanding balance or EUR 200, whichever is the highest.
Barnsteen Advocatuur is entitled to suspend all (further) work if and as soon as the client fails to perform with regard to any financial obligation by virtue of the professional services agreement.
Barnsteen Advocatuur is and remains insured for professional liability. If the execution of a client assignment by Barnsteen Advocatuur leads to liability, such liability, with due observance of article 14 , shall at all times be limited to the amount paid out by the applicable liability insurance of Barnsteen Advocatuur in the case concerned, to be increased by the deductible borne by Barnsteen Advocatuur under the applicable insurance agreement in the case concerned.
If for whatever reason the insurance payment under the insurance referred to in article 11 is not made, all liability shall be limited to EUR 10,000, or, if the fee invoiced by Barnsteen Advocatuur in the case concerned is higher, to an amount equal to such fee (exclusive of turnover tax) with a maximum of EUR 50,000. All and any claims for damages against Barnsteen Advocatuur or against the natural persons or legal entities specified in articles 2 shall become time-barred one year after the date on which the client became aware (or reasonably should have been aware) of the damage and the liability of Barnsteen Advocatuur concerned.
Barnsteen Advocatuur shall not accept liability for any failure to perform and any resulting damage on the part of third parties engaged by Barnsteen Advocatuur.
Barnsteen Advocatuur is authorized to accept any liability limitations of third parties as referred to in article 4 on behalf of the client. All and any liability of Barnsteen Advocatuur for a failure to perform of a third party shall as well be limited to the amount that the client could have received in case of a direct claim against such third party.
The legal relationships between Barnsteen Advocatuur and its clients or other parties are governed by Dutch law.
All and any disputes shall first be exclusively brought before the competent court of law of court district Midden-Nederland.
Barnsteen Advocatuur has a complaints procedure that is published in the website www.barnsteen advocatuur.nl.
As a result of applicable legislation (including but not limited to the Dutch Anti-Money Laundering and Counter-Terrorism Financing Act) Barnsteen Advocatuur is held to establish the identity of clients and to report any irregular transactions under the circumstances to the authorities.
These general terms and conditions have been filed at the Register of Companies (Chamber of Commerce) in Amersfoort. The general terms and conditions are also up for public inspection at the office of Barnsteen Advocatuur in Baarn and are published in the website www.barnsteen-advocatuur.nl. Upon request, a copy of the general terms and conditions can be obtained free of charge.
Mr. J. (Jan) van Duijvendijk, advocaat
3743 CH Baarn
Tel +31 6 53 623 821
In my view, cooperation should be based on knowledge, vision and mutual respect. Drawing up contracts demands legal sharpness, a good command of language and accuracy, as well as branch knowledge and creativity.
Legal practice preferably takes place outside of the courtroom. In essence it is a matter of excellent preparation in order to stay out of court.