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ZH Article 1. Applicability
Article 2. Assignment
2.2. All agreements of assignments are accepted and executed exclusively by Law Office Der Bedrosian. The applicability of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is excluded.
2.3. If during the execution of the agreement it appears that for proper execution it is necessary to modify or supplement the work to be performed, the parties will timely and by mutual agreement adjust the assignment accordingly.
2.4. During the execution of the assignment another attorney may (also) take over part of the work or the handling of the case, if in the opinion of Law Office Der Bedrosian there is reason to do so. The client declares to have no objections to this.
2.5. If, in the opinion of Law Office Der Bedrosian, it is in the interest of proper performance of the agreement, Law Office Der Bedrosian has the right to have work performed by third parties of its choice.
2.6. The parties may at any time terminate the agreement in writing with immediate effect.
Article 3. Costs incurred in carrying out an assignment
3.1. If the engagement of a bailiff and/or attorney is necessary, the work to be performed by them shall be at the expense of the client;
3.2. If any proceedings conducted on its behalf are lost, the client shall be obliged to pay to the other party the legal costs to which it has been ordered;
3.3. If a client litigates on the basis of financed legal aid under the Legal Aid Board Act, he is obliged to pay the court registry fees, costs for hearing witnesses and experts, and any court cost order. He also owes the determined (by the Legal Aid Board) own contribution to the lawyer.
3.4. The activities of Law Office Der Bedrosian will not start until the own contribution determined by the Legal Aid Board or the first advance payment has been paid to Law Office Der Bedrosian.
3.5. The client instructs and authorizes the Law Firm Der Bedrosian, in the context of the performance of its duties as contracting party, to do and refrain from doing anything that it deems desirable or necessary in order to perform those duties. This power of attorney includes entering into agreements for the account and risk of the client, expressly including entering into settlement agreements.
3.6. The client shall ensure that all information which Law Office Der Bedrosian indicates, or which the client should reasonably understand, is necessary for the execution of the agreement, is provided to the firm in a timely manner.
3.7. If the information referred to in the previous paragraph and required for the execution of the agreement is not provided to the firm in a timely manner, Law Office Der Bedrosian is entitled to suspend the execution of the agreement and/or to charge the client for the additional costs resulting from the delay according to the usual rates.
4. Fee
4.1. In connection with the performance of an assignment, the client shall owe the fee plus taxed and untaxed disbursements, sales tax (21%) and office expenses (5%).
4.2. Work performed, if the execution of the order extends over a longer period, will be charged on an interim basis.
4.3. Advocatenkantoor Der Bedrosian is always entitled to request an advance payment from the client, which advance payment will be set off against the final invoice. In the absence of timely payment, pursuant to Article 6.3 of the General Terms and Conditions, of an (advance) invoice, Law Office Der Bedrosian is entitled to suspend the work to be performed.
4.4 If the change or addition of an assignment has financial consequences, Law Office Der Bedrosian will inform the client in advance.
4.5. The parties may agree on a fixed fee for the agreed upon work at the conclusion of the agreement.
4.6. If no fixed fee is agreed upon, the fee will be determined on the basis of hours actually worked.
4.7 The risk of the duration of the proceedings or the duration of the advice given lies solely with the client. Depending on the nature of the case and the work to be performed, the Law Office Der Bedrosian is free to deviate from the principle of billing on the basis of hours worked.
4.8. Cost estimates and fee agreements are exclusive of VAT and office expenses.
4.9. The fee, if necessary plus disbursements and/or invoices from third parties engaged after consultation with the client, will be charged to the client periodically or after completion of the work, unless the parties have made other agreements in this regard.
4.10. Law Office Der Bedrosian has the right to adjust and apply the fee every year on January 1.
5. Subsidized legal aid
5.1. For agreements entered into on the basis of the legal system of subsidized legal aid (addition), the client shall not owe the lawyer's fee as stipulated in the previous paragraph. Instead, the client will owe an own contribution to be determined by the Legal Aid Board, which own contribution will be based on the income and assets of the client (and his/her partner) in the reference year (= the year of application minus two).
5.2. When entering into the first agreement, Law Office Der Bedrosian considers whether the client is eligible for subsidized legal aid based on the financial information provided by the client. The client is responsible for the accuracy of the information provided (orally). If in doubt, an addition is still requested as a precaution.
5.3. If, in the interim or in a subsequent agreement, the client's financial situation changes, in the sense that he still considers himself eligible for subsidized legal aid, the client is obliged to report this immediately to the lawyer.
5.4. The lawyer is always entitled to require the client to pay an advance as long as the Legal Aid Board has not issued an addition. The amount of the advance payment will be determined in consultation between the lawyer concerned and the client.
5.5. Court fees or fixed fees, costs of witnesses and experts, extracts from public registers, telegrams, international telex, international telefax and international telephone calls and roll calls do not fall within the scope of the addition issued by the Legal Aid Board and will be charged to the client.
5.6. The addition applies only to the work performed by the lawyer from the date of application. Work previously performed by the lawyer will be charged to the client in accordance with the provisions of the previous article.
6. Payment
6.1. Payment by the client must be made within 14 days of the invoice date, to a bank account designated by Law Office Der Bedrosian.
6.2. In case of a jointly given order, clients are jointly and severally liable for the payment of the invoice amount.
6.3. If Law Office Der Bedrosian is forced to take extrajudicial measures to collect the invoice, all related costs will be for the account of the client.
6.4. Payments shall be made without discount or offset. Deferral of payment shall not be granted.
6.5. Upon expiry of the payment period of fourteen days, the client shall be in default by operation of law and shall owe the statutory (commercial) interest on the amount due pursuant to Section 6:119(a) of the Dutch Civil Code, plus 1.5 %, without prior notice.
6.6. If the client is unable to pay the (full) amount due within the term of payment mentioned in the first paragraph, he or she shall request a payment arrangement before the expiry of the term of payment, supported by reasons. If Law Office Der Bedrosian agrees to a payment arrangement, it will always be confirmed in writing. Payment arrangements must be punctually complied with by the client, under penalty of forfeiture, whereby the amount due again becomes immediately payable.
6.7. The payments received shall first be deducted from the costs referred to under 6.5, then from the interest accrued and finally expressly not the liquidated litigation costs and finally from the principal sum.
6.8. In case of liquidation, (imminent) bankruptcy or suspension of payment of the client, the client's obligations are immediately and fully due and payable.
7. Recovery and suspension of work in case of default
7.1. If the client is in default of complying with one or more of its obligations to the Der Bedrosian Law Firm, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the client, which costs shall be at least 15% of the claim, with a minimum of € 150.00.
7.2. The reasonable costs for obtaining extrajudicial satisfaction also include the (collection) activities performed by the Law Firm Der Bedrosian itself, including sending reminders, summoning (by telephone) for payment and possibly making payment arrangements.
7.3. If the client is in default of payment of what he owes, in addition to the possibility of collection measures as referred to in the preceding paragraphs, the lawyer concerned is entitled to suspend his activities for the benefit of the client. The attorney at law in question will only be authorized to use this right of suspension after he has notified the client thereof in advance and has granted him a short period of time to still fulfill his payment obligation. The duration of the aforementioned short period will be adapted to the circumstances of the case. The lawyer involved accepts no liability for any damage suffered by the client as a result of a suspension of work as referred to here.
7.4. Law Office Der Bedrosian has the right to retain all documents, including those relating to an agreement to which the unpaid invoice does not relate, until full payment has been made.
8. Advertisement
8.1. Complaints relating to an invoice must, under penalty of nullity, be made in writing and within fourteen days of the invoice date.
8.2. Complaints about fulfillment of an agreement must, on penalty of forfeiture, be made in writing within thirty days of discovery of the defect or no later than thirty days after completion of the assignment in question.
9. Liability
9.1. Advocatenkantoor Der Bedrosian is not liable for damages, of whatever nature, resulting from the fact that it relied on incorrect and/or incomplete information provided by the client.
9.2. Law Firm Der Bedrosian shall not be liable for any damages resulting from a suspension of work for the client if such suspension is the result of the client's failure to make timely payment of the firm's bills.
9.3. Third parties cannot derive any rights from the content of the work performed. The client indemnifies Advocatenkantoor Der Bedrosian against claims of third parties who claim to have suffered damages due to or related to work performed by Advocatenkantoor Der Bedrosian on behalf of the client.
9.4. The liability of Advocatenkantoor Der Bedrosian for damages arising out of or in connection with the performance of an assignment is always limited to the amount to which the liability insurance gives claim in the relevant case, increased by the amount of the excess under the relevant policy.
9.5. The choice of third parties to be engaged by Advocatenkantoor Der Bedrosian will be made with due care. Advocatenkantoor Der Bedrosian is not liable for shortcomings of these third parties and is entitled, without prior consultation with its client, to accept on behalf of the client any limitation of liability on the part of third parties it engages.
9.6. The client authorizes Law Office Der Bedrosian to bring to the knowledge of such third parties the data of which the perusal in the context of relationship management by third parties is useful and/or necessary.
9.7. Advocatenkantoor Der Bedrosian shall never be liable for indirect damage and/or consequential damage and/or trading loss.
9.8. Record retention obligation: to the extent that the record is not taken back by the client, it will be retained until no later than 5 years from the date of closing the record, after which it will be destroyed in a careful manner.
9.9. All rights of action and other powers of the client - on any account whatsoever - against Law Office Der Bedrosian shall in any event expire one year after the moment the person concerned became aware or could reasonably have become aware of the existence of these rights and powers.
10. Communication
10.1 The client gives Law Firm Der Bedrosian the right to communicate with him and third parties also by e-mail, being aware that the confidentiality of information sent by e-mail is not guaranteed.
11. Applicable law and competent court
11.1. Any agreement between Advocatenkantoor Der Bedrosian and client is governed by Dutch law.
11.2. Disputes between the parties arising from that legal relationship may be submitted exclusively to the competent court in Almelo for resolution.