1. Bolderman De Meijer advocaten (“ B DM”) is a partnership of private limited liability companies (the “Companies”) and natural pe r sons. A list of the partners will be supplied upon request.
2. All instructions from clients are solely ac cepted and carried out by BDM . Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code are hereby excl u ded.
3. Any and all liability of B DM is limited to the amount paid out, if any, under B DM’s professional liabil i ty insurance policy in the matter conc erned. In the event and to the extent that no monies are paid out under the professional liability insurance for whatever reason, any and all l i ability of B DM shall be limited to an amount of EURO 10,000 or, if the fees charged by B DM in the matter concern ed are higher, limited to the amount of such fees up to a maximum amount of EURO 50,000.
4. B DM shall, as far as possible, consult the client before engag ing third pa r ties, and shall in any event exercise the necessary due care in its selection of third part ies. B DM is not liable for any acts and or omissions of third parties. The client hereby authorizes B DM to accept any limit a tions of liability of third parties on its behalf.
5. The client indemnifies and holds B DM harmless from and against any and all third party claims (including reasonable legal costs) arising in wha t soever manner from the activities carried out for the client.
6. All the provisions of these General Conditions can also be relied upon by the partners of B DM, the managing dire c tors of the Comp anies and all B DM employees and or persons working on B DM’s b e half.
7. Unless otherwise agreed, professional fees shall be calculated on the basis of the number of hours worked multiplied by the hourly rates established annually by B DM.
8. Costs paid for by B DM on behalf of the client shall be charged separately. A percentage of the pr o fessional fees shall be charged to cover general office costs (such as postage, phone, fax, photocopying). All amounts are exclusive of VAT.
9. Unless otherwise agreed, the services shall be charged to the client on a monthly basis, subject to payment within 14 days of the date of the invoice. BDM is entitled to charge statutory interest on late payment.
10. The Dutch text of these General Conditions shall prevail in the event of any differences between the English text and the Dutch text.
11. The legal r e lationship between the client and B DM is governed by Dutch law. The competent Dutch court shall have exclusive jurisdiction for the settlement of disputes.