1. Hemony Lawyers is a partnership of lawyers. Hemony Lawyers will provide a list of its partners on request.
2. Hemony Lawyers (the partnership) considers all client instructions to be assigned exclusively to Hemony Lawyers. This also applies if a client assigns instructions with the explicit or tacit purpose of the case being dealt with by one specific person. Articles 7:404 and 7:407 member 2 of the Dutch Civil Code are excluded.
3. If an unforeseen event occurs during the execution of a client’s assignment, resulting in damages, the partnership’s liability will be limited to the amount insured for the case in question under the terms of the partnership’s professional liability insurance policy, in addition to the excess amount payable by the partnership under the terms of the policy for the case in question. If, for whatever reason, the insurance company does not honour a claim under the policy referred to above, the partnership’s liability is limited to the amount that the partnership has invoiced to the client for fees in the respective year and for the respective case. An unforeseen event referred to in the first sentence includes, but is not limited to, negligence.
4. All claims by clients and third parties will lapse if they have not been submitted and explained to the partnership in writing, within one year after the client or the third party was informed about, or could reasonably have been informed about, the facts on which the claim is based.
5. These Terms and Conditions apply to all instructions accepted by the partnership, including potential additional instructions and follow-up instructions.
6. The stipulations in these Terms and Conditions have not only been compiled in the best interests of the partnership, but also in the best interests of all partners and other people working for the partnership, as well as third parties who are engaged by the partnership to carry out instructions.
7. Hemony Lawyers will exercise due care when engaging third parties, and do its utmost to discuss this with its clients before doing so. However, the partnership is not liable for third parties’ shortcomings. The client authorises the partnership to accept possible third parties’ liability limitations on behalf of the client.
8. Invoices sent by the partnership must be paid within fourteen days and the client has no right to any discounts, postponements and/or settlements. If the client fails to pay an invoice within fourteen days, she/he is deemed to be in default. If a client has several outstanding invoices, the partnership is entitled to decide which invoice to book payments to, unless the client explicitly indicates a different arrangement when making a payment.
9. The legal relationship between the partnership and its clients falls under Dutch law. The competent judge in Amsterdam shall have exclusive jurisdiction in any dispute.
Filed at the court of Amsterdam, the Netherlands, on 16 March 2006 under number 48/2006