General terms and conditions

Article 7 – Tariffs and payment

7.1 Bogaerts & Groenen has the right to periodically alter (as of 1 January of each year) the hourly rates it charges. They will inform the client, in writing, as soon as possible, of an alteration in the hourly tariffs.

7.2 If the alteration referred to in the previous sub-clause involves an increase in excess of 15% or if an increase is made within two (2) months of the assignment between the client and Bogaerts & Groenen coming into effect, the client has the right to terminate the agreement by means of a registered letter. The right to dissolve the agreement lapses on the 15th day after the written announcement of the increase.

7.3 The fee relating to work carried out by Bogaerts & Groenen shall be determined based on the number of hours worked multiplied by the hourly rates charged by Bogaerts & Groenen. Furthermore, a client will be charged a fixed surcharge for office expenses, to the sum of 6% of the fee, sales tax (where applicable) and any disbursements (such as court fees, bailiff’s costs, etc.). In principle once per month the client will receive a properly specified invoice for the fee and other expenses incurred during the previous month.

7.4 Bogaerts & Groenen is competent to expect payment of an advance before commencing activities relating to an agreement. The advance will be set off against the last invoice to be sent to the client in relation to the case concerned.

7.5 Unless agreed otherwise in writing, the payment of invoices from Bogaerts & Groenen should take place – without any discount, suspension or off-setting – within 15 days of the date of the invoice. If payment is not on time, the client shall be deemed legally in default of payment – that is, without the need of any demand or detailed notice of default. A client should inform Bogaerts & Groenen of any objections, in writing and with grounds, as soon as possible, though by the latest within 15 days after the invoice date, thereby paying that part of the invoice that is not disputed.

7.6 Bogaerts & Groenen has in any case the right to suspend their activities if invoices older than 30 days have not been paid, advance bills or interim declarations have not been paid, the client’s credit risk is deemed excessive or the continuity of the client’s business operations is insufficiently certain. The client will be informed in writing in the event that Bogaerts & Groenen suspends its activities.

7.7 The client hereby emphatically and irrevocably grants Bogaerts & Groenen, as well as Bogaerts & Groenen law-firm’s Foundation for the Management of Clients’ Funds permission to set off or use any sums received for or from the client – except when a timely objection has been submitted as referred to in article 7.5 – for payments owed to Bogaerts & Groenen by the client.

7.8 Bogaerts & Groenen has a right, in cases where declarations have still not been paid 30 days after the invoice date, to charge extrajudicial costs, with a minimum of €40.00, in accordance with the standard reimbursement scale as referred to in the Extrajudicial collection costs (Standards for Remunerations) Act and the Extrajudicial Collection Costs (Fees) Decree. If Bogaerts & Groenen has instituted court proceedings regarding its claim – including arbitration and a binding opinion –, the client is obliged to reimburse the actual costs involved in those proceedings. This includes the costs of lawyers, representatives ad litem, as well as the fee and court fee payable to arbitrators or third parties charged with giving a binding opinion, even if these exceed any cost order on the grounds of article 237 and also on the grounds of the Code of Civil Procedure. This reimbursement of costs will always be charged and always be payable by the client, without the need of any form of evidence, whenever Bogaerts & Groenen has engaged – internal and external – legal assistance, or respectively, when Bogaerts & Groenen has taken collection measures.

Article 8 – Complaints

8.1 In the event a client has a complaint about the tasks carried out, it should be submitted in writing to Bogaerts & Groenen, to the attention of the Executive Board. After studying the complaint and the file, the Executive Board shall commence discussions with the client as soon as possible in order to examine how the complaint can be resolved.

8.2 A client who is claiming liability relating to activities carried out by Bogaerts & Groenen should send his claim to Bogaerts & Groenen, to the attention of the Executive Board. Bogaerts & Groenen shall pass on the liability claim to its professional liability insurer.

8.3 In a case in which a client has disciplinary complaints relating to tasks that Bogaerts & Groenen carried out, Bogaerts & Groenen will inform the client, where necessary, about the complaints procedures of the Netherlands Bar Association.

Article 9 – Miscellaneous subjects

9.1 Dutch law applies to all agreements between the client and Bogaerts & Groenen.

9.2 Disputes shall be settled only before the competent court in ’s-Hertogenbosch. Nevertheless, Bogaerts & Groenen has the right to put disputes before the competent court in the client’s place of residence or place of business.

9.3 These general terms and conditions have been drawn up in Dutch and English. In the event of any dispute relating to content or interpretation of the two sets of general terms and conditions, the Dutch text is binding.

March 2013

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Kim Albert
Jos van der Wijst
Marc Heuvelmans
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Edith de Koning-Witte
Dirk School
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Rutger Boogers
Rik Wevers
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