General conditions

Article 1

Straatman Koster advocaten B.V. is a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid) established under Dutch law.

Article 2

For the purpose of these General Terms and Conditions, “Straatman Koster advocaten” shall be understood to refer to Straatman Koster advocaten B.V.

Article 3

These general terms and conditions apply to all assignments, including any follow-up assignment or amended or additional assignment, which the client of Straatman Koster advocaten gives to Straatman Koster advocaten.

Article 4

The stipulations of these general terms and conditions apply to the legal relationship in which whoever, within or outside the limits of these general terms and conditions, may come to rely on the advice resulting from or in connection with an assignment to Straatman Koster advocaten.

Article 5

All instructions for services shall be deemed to have been issued exclusively to and accepted by Straatman Koster advocaten, even if it is the express or tacit intention that the instruction for services is to be carried out by a specific person. By way of derogation from Sections 404, 407(2) and 409 of Book 2 of the Dutch Civil Code, the shareholders and directors of Straatman Koster advocaten, as well as any person or persons performing work for or on behalf of Straatman Koster advocaten, whether or not in any form of employment relationship, shall not be personally bound or liable and the instruction for services shall not terminate upon the death of such individuals, even in the event that the instruction for services was issued with a specific person in mind.

Article 6

Straatman Koster advocaten will exercise due care when engaging third parties that do not belong to its organisation and will to the extent reasonably possible consult with the Client in advance in the selection of such third parties, except in the case of assistance provided by a local counsel or bailiff. Any and all liability on the part of Straatman Koster advocaten in respect of any failure or negligence (tekortkomingen) of the aforementioned third parties is excluded.

Article 7

Any liability of Straatman Koster advocaten arising out of or in connection with the performance of an assignment is limited to the amount paid in the relevant case under the professional liability insurance taken out by Straatman Koster advocaten, increased by the amount of the deductible applicable under that insurance.

Article 8

The instructions for services that are issued shall be performed exclusively on behalf of and for the benefit of the Client. No rights may be derived by any third party in that regard.

Article 9

Unless otherwise agreed in writing, the fee will be determined on the basis of the hours worked multiplied by the applicable rates as determined by Straatman Koster advocaten. Expenses incurred on behalf of the client will be charged separately. To cover general office expenses, a percentage of the fee to be determined by Straatman Koster advocaten will be charged as part of the fee. All amounts mentioned are exclusive of VAT. Straatman Koster advocaten has the right to change its rates and travel expenses for travelling by car or train during the term of the engagement.

Article 10

In principle, the work is invoiced to the client on a monthly basis. The term of payment is thirty days from the date of the invoice. If payment is not made on time, Straatman Koster advocaten is entitled to charge statutory interest without further notice of default. An advance payment may be requested at any time for work performed or to be performed. Work may be suspended if no advance to cover it is available.

Article 11

Work arising from the direct or indirect receipt of monies in connection with an instruction for services that has been issued shall be regarded as part of the instruction for services, even if such work is caused by a third party.

Article 12

These General Terms and Conditions are, without prejudice to the provisions in Article 3, also stipulated on behalf of the directors and the shareholders of Straatman Koster advocaten, as well as the directors and the (indirect) shareholders of the shareholders concerned and all those carrying out work for Straatman Koster advocaten, whether or not in any form of employment relationship.

Article 13

Straatman Koster advocaten is obliged under applicable legislation and regulations, including the Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financieren van terrorisme), to establish and verify the identity of its Clients and, in certain circumstances, to report unusual transactions to the authorities.

Article 14

The legal relationship between the Client and Straatman Koster advocaten shall be subject to the laws of the Netherlands. Any dispute arising from this legal relationship will be settled exclusively by the competent court in Rotterdam. Claims for compensation shall lapse in the event that they are not submitted to the competent court within one year of their discovery. Straatman Koster advocaten may make an application to the competent court in the Client’s place of residence if it so wishes.

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