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General terms and conditions

Bunders Lok Advocaten

Article 1

Bunders Lok Advocaten, hereinafter referred to as “BLA”, is a partnership consisting of legal entities and/or natural persons whose objective is to practice law. A list of persons who hold shares in said legal entities through their holding companies will be sent upon request. All assignments are accepted and carried out exclusively by BLA. Any assignment given to a representative or employee of BLA is deemed to have been given exclusively to BLA and, if accepted by an employee or representative, to have been accepted and carried out by BLA. Instructions given to BLA may be carried out by any of BLA’s lawyers. The effect of Section 7:404 of the Dutch Civil Code, which governs the latter case, and of Section 7:407(2) of the Dutch Civil Code, which establishes joint and several liability for cases in which an instruction is given to two or more persons, is explicitly excluded.

Article 2

Any liability of BLA is limited to the amount paid out under the professional liability insurance in the case in question, plus the applicable excess. If, for whatever reason, no payment is made under the professional liability insurance after liability has been established, any liability will be limited to the fee charged to the client by BLA in the case in question in the twelve calendar months preceding the fact in question, up to a maximum of EUR 50,000 (fifty thousand euros).

Article 3

BLA is authorised to make use of the services of third parties when carrying out the client’s orders and will exercise due care in selecting the third parties to be involved. BLA is not liable for failures by these third parties and is entitled, without prior consultation with the client, to accept (also) on behalf of the client any limitation of liability on the part of the third parties it engages.

Article 4

The client will indemnify BLA, at the first request, against all claims by third parties, including the costs incurred by BLA in connection with these, which are in any way related to the services provided to the client, except in the case of intent or gross negligence on the part of BLA.

Article 5

When the client and BLA communicate using electronic techniques, including e-mail and internet, the client bears the risk of transmission of viruses and similar items, and of incomplete or incorrect transmission of a message. Furthermore, a message is only deemed to have reached BLA at the moment that the person carrying out the services on behalf of BLA vis-à-vis the client has taken note of this message. The client is obliged to verify whether the message has actually and completely reached the addressee.

Article 6

Changes in the authority of or within the client or of his representatives or proxies will, even if they have been recorded in public registers, only come into effect against BLA after BLA has been notified of them in writing.

Article 7

All rights of action and other rights or powers of whatever nature vis-à-vis BLA in relation to services provided by BLA lapse in any case one year after the moment at which the person concerned became aware or could reasonably have become aware of the existence of these rights of action or other rights or powers.

Article 8

A period of fourteen calendar days after the date mentioned on the statement of expenses applies to the payment of statements of expenses by BLA. Within this period, the amount indicated on the statement must have been received by BLA, in the same currency as that indicated on the statement, and without deduction of transfer costs, similar costs or any other amount, and without offsetting against any claim. All judicial and extrajudicial costs incurred for the collection of BLA’s claim, including reasonable attorneys’ fees insofar as these exceed the judicial cost order, will be borne by the client, with a minimum of 15% of the amount to be collected (principal sum and legal interest).

Article 9

The Complaints Procedure of BLA is applicable to the work carried out by BLA lawyers, see

Article 10

These general terms and conditions can be invoked not only by BLA, but also by all natural persons and legal entities, including the Stichting Beheer Derdengelden (third-party funds management foundation) and their board members, who are involved in the implementation of any assignment given by the client. The stipulations in these general terms and conditions are also made on behalf of those who work or have worked for BLA.

Article 11

The clauses in these general terms and conditions do not in any way limit the rights which BLA can invoke by virtue of the applicable law.

Article 12

These general terms and conditions apply to all agreements between the client and BLA. These general terms and conditions and all agreements between the client and BLA are governed by Dutch law. Disputes will be exclusively settled in the first instance by the District Court in Amsterdam.

Article 13

In the framework of the execution of the assignment, the client provides BLA with his personal data and, if necessary, those of other persons involved with the client. The client hereby grants BLA permission to process his/her personal data and ensures that those involved with the client also grant their permission. The client indemnifies BLA against all damages and costs that BLA may suffer as a result of the lack of consent to the processing by the parties involved. BLA processes the personal data only with a view to carrying out the assignment and in accordance with the said permission, or at least, in the absence of permission, on the basis of a legal obligation and/or a legitimate interest of BLA. Within this purpose, BLA may provide the personal data to third parties engaged by or on behalf of BLA for the execution of the order. BLA will take appropriate organisational and technical measures to protect the personal data of the client. Personal data will be kept carefully as long as it is necessary or legally required to be kept, and in any case during the period in which BLA is obliged to keep it on the basis of the Advocatenwet (Dutch Law on Advocates).

Article 14

BLA is authorised to supplement or amend these general terms and conditions. In that case, BLA will inform the client of this addition or amendment in writing and/or by means of a communication at, at least thirty (30) calendar days before the intended effective date. If BLA has not received written notification from the client before the aforementioned effective date to the effect that the client does not accept the addition and/or amendment, the client will be deemed to have accepted it.

Article 15

These general terms and conditions have been drawn up in various languages. For the interpretation thereof, the Dutch text shall be binding.