Boekel De Nerée

General Conditions

1. Boekel De Nerée N.V. is a limited liability company, incorporated under the laws of the Netherlands whose purpose is to offer professional services as advocaten and civil-law notaries (notarissen). Boekel De Nerée N.V. has its registered office in Amsterdam. A list of the persons who by means of their companies own shares in Boekel De Nerée N.V. – and are also called “partners” – will be provided on request.

2. These general conditions apply to all services performed or to be performed by Boekel De Nerée N.V.
 
3. Instructions to Boekel De Nerée N.V. or to any of the partners and/or employees constitute instructions accepted and carried out exclusively by Boekel De Nerée N.V. The applicability of Article 7:404 Dutch Civil Code, which addresses the last mentioned case, and Article 7:407 paragraph 2 Dutch Civil Code, which creates joint and several liability in the event that an instruction is given to two or more persons, is excluded. This shall also apply if the instructions were explicitly or implicitly intended for a particular person.

4. Unless otherwise agreed in writing, the fee will be calculated on the basis of the hours worked multiplied by the applicable rates as periodically fixed by Boekel De Nerée N.V.

5. Any liability of Boekel De Nerée N.V. in any matter is limited to the amount, which is paid out under Boekel De Nerée N.V.’s professional liability insurance in the matter concerned, including the deductible, which Boekel De Nerée N.V. carries pursuant to the insurance policy.

6. If and to the extent that and for whatever reason, no compensation is paid under the professional liability insurance, all liability is limited to EURO 250,000 or, if the fees charged by Boekel De Nerée N.V. for the performance of the relevant matter exceed EURO 250,000, then the maximum liability is the amount of the fees actually charged, with a maximum of EURO 500,000.

7. The choice of Boekel De Nerée N.V. of third parties to be instructed shall be made with due care and, if possible, after consultation with the client. Boekel De Nerée N.V. shall not be liable for any default or failings of such third parties. The client authorizes Boekel De Nerée N.V. to accept any limitation of liability stipulated by third parties.

8. Boekel De Nerée N.V.’s services shall be exclusively for the benefit of the client. The contents of our services may not be used or relied on for any other purpose or by any person other than the client.

9. If the client discloses the contents of the services performed by Boekel De Nerée N.V. to any third party on its behalf, the client is obliged to inform such third party that the general conditions are applicable to these services. In the event that a third party wishes to make use in any way whatsoever of the services performed, such third party shall also be bound by these general conditions.

10. These general conditions have also been agreed for the benefit of all persons involved in performing the services on behalf of Boekel De Nerée N.V.

11. These general conditions have been translated into English and German. In the event of any difference between these texts, the Dutch text shall prevail.

12. The relationship between the client and Boekel De Nerée N.V. is subject to Dutch law. Any and all disputes will be settled exclusively by the competent court of Amsterdam, the Netherlands.