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General Terms and Conditions

These General Terms and Conditions govern all services provided by or on behalf of Voûte Arbeidsrecht B.V.

  1. Voûte Arbeidsrecht B.V. (hereinafter to be referred to as “Voûte Arbeidsrecht”) is a company with limited liability, established under the laws of the Netherlands and with its registered seat in Rotterdam for the purpose of providing legal, mediation and (legal) advisory services.
  2. All relations between the client (hereinafter to be referred to as the “Client”) and Voûte Arbeidsrecht shall be subject to these General Terms and Conditions.
  3. All assignments are exclusively accepted and performed by Voûte Arbeidsrecht. This also applies in the event of an explicit or implicit intent for a particular person to execute an assignment. The applicability of article 7:404 of the Dutch Civil Code, which relates to the situation where it is the Client’s intention than an instruction be carried out by a specific person and of article 7:407 section 2 of the Dutch Civil Code, which establishes several liability in the event two or more persons are given an assignment, is explicitly excluded.
  4. Voûte Arbeidsrecht shall be obliged to exercise the due care that, in the given circumstances, may reasonably be expected from it with respect to the services provided by or on its behalf. Voûte Arbeidsrecht does not guarantee achieving the intended result.
  5. When carrying out an assignment, Voûte Arbeidsrecht may involve persons that are not, directly or indirectly, connected with Voûte Arbeidsrecht. Any failure of such person may be attributed to Voûte Arbeidsrecht, only if the Client proves that Voûte Arbeidsrecht did not act with reasonable care when choosing such person.
  6. Voûte Arbeidsrecht is authorized to accept terms and conditions, including limitation of liability, of third parties on behalf of the Client. Any liability of Voûte Arbeidsrecht for third parties’ failure or negligence is limited to the amount that the Client would have been able to receive through a direct claim against that third party.
  7. The stipulations in these General Conditions have not only been made for the benefit of Voûte Arbeidsrecht but also for its shareholders, all other persons who work for Voûte Arbeidsrecht, all persons retained in connection with the performance by Voûte Arbeidsrecht of any assignment and all persons for whose acts or omissions Voûte Arbeidsrecht could be held liable.
  8. Any liability of Voûte Arbeidsrecht is limited to the amount paid out under its professional liability insurance policy.
  9. If for whatever reason no amount is paid out under professional liability insurance, any liability of Voûte Arbeidsrecht is limited to the amount of fees invoiced and received by Voûte Arbeidsrecht with respect to the subject assignment, such amount not to exceed EUR 25,000 per event or series of connected events.
  10. Any liability for indirect damages and consequential damages is excluded.
  11. In the event that one or more third parties should claim from Voûte Arbeidsrecht compensation for damages they sustained in connection with services provided by or on behalf of Voûte Arbeidsrecht to the Client, the latter shall indemnify Voûte Arbeidsrecht against such claim or claims and additional costs, insofar as Voûte Arbeidsrecht should have to pay to the third party or parties compensation in excess of the compensation Voûte Arbeidsrecht would have had to pay to the Client if the Client had claimed compensation from Voûte Arbeidsrecht for the damages sustained by such third party or parties.
  12. The General Terms and Conditions may also be invoked by those natural persons or legal entities that are involved, whether directly or indirectly, in any manner whatsoever for the services provided by or on behalf of Voûte Arbeidsrecht.
  13. The General Terms and Conditions shall also be applicable to any supplementary or follow-up assignments.
  14. The right to claim damages or compensation expires six months after the act or omission giving rise to the subject claim and in any event ultimately six months after the date of the invoice with which the relevant services were invoiced, unless before then the claim for damages or compensation was received by Voûte Arbeidsrecht in an explicit and documented way.
  15. Invoices of Voûte Arbeidsrecht are due and payable 14 days after the date of the invoice without the right of set off or suspension. In case of late payment the Client is in default as from the 15th day after the date of the invoice and interest is due at a pro rata rate of 12% per year. In case of late payment by more than 60 days Voûte Arbeidsrecht is entitled to charge credit collection cost in the amount of 15% of any sums outstanding.
  16. Deviations to these general conditions only bind Voûte Arbeidsrecht, if agreed by Voûte Arbeidsrecht in writing.
  17. The legal relation to which these general conditions apply, is governed by Dutch law. The District Court of Rotterdam shall have exclusive jurisdiction over any disputes between the Client and Voûte Arbeidsrecht, notwithstanding Voûte Arbeidsrecht’s entitlement to take legal action against the Client in a court of law that would have had jurisdiction over disputes between the Client and Voûte Arbeidsrecht if the above nomination of jurisdiction had not been made.
  18. The General Terms and Conditions drawn up in the Dutch language shall prevail over the General Terms and Conditions drawn up in the English language.
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