General conditions

  1. All instructions are accepted and carried out by the law firm BRISDET, pursuant to a contract for professional services (“overeenkomst van opdracht”). This also applies in the event that a client requests, explicitly or implicitly, that an instruction is carried out by a specific person at BRISDET.
  2. The provisions of articles 7:404 and 7:407 paragraph 2 of the Netherlands Civil Code, which impose joint liability where an instruction is given to two or more persons, shall not be applicable.
  3. BRISDET shall carry out any instruction with due care, to the best of its knowledge, skills and abilities.
  4. In acting upon an instruction, BRISDET is authorized to call upon the assistance and engage the services of third parties such as attorneys, bailiffs, foreign lawyers and other Dutch or foreign service providers and advisors.
  5. If, in the context of carrying out an instruction, an event leads to the liability of BRISDET, then such liability shall be limited to the amount(s) as covered by a professional liability insurance as may be taken out by BRISDET, including the deductible, which BRISDET may carry in connection with the insurance. If, within one year upon awareness of the event having lead to liability and of the accountability to BRISDET, the client has not filed a claim against BRISDET, BRISDET cannot be held liable any longer.
  6. If, for whatever reason, no amount shall be paid by a professional liability insurance as described under section 5 above, the liability of BRISDET shall be limited to an amount equal to three times the invoiced amount for the specific matter having lead to liability.
  7. If, in the context of carrying out an instruction, third parties have been involved, BRISDET shall not be held liable for duties performed, partially performed or not performed by said third parties. Authorization given by the client to BRISDET to make use of the services of third parties implies full consent of the client with their exclusions of liability.
  8. BRISDET cannot guarantee the means of communication between BRISDET and the client or third parties. Therefore, the means of communication between BRISDET and the client or third parties, including electronic correspondence, shall be for the risk and account of the client.
  9. BRISDET is obliged to identify its clients and their beneficiaries and to notify every suspect transaction to the competent authorities. Clients making use of the services of BRISDET consent to deliver all relative information to BRISDET thereby demonstrating their knowledge thereof and agree with such a notification for so far as such a consent is required.
  10. Invoices of BRISDET are due within 14 days counted from the invoice date, unless agreed otherwise in writing.
  11. In respect of any instruction given by the client to BRISDET, the general conditions of the client shall not be applicable.
  12. Dutch law shall govern the relationship between BRISDET and a client. Disputes shall be exclusively submitted to the competent court in Amsterdam, the Netherlands.
  13. In the event of differences between the different language versions of these general conditions, the Dutch version will prevail.

BRISDET B.V. is a limited liability company under Dutch law with its registered office in Amsterdam and is registered at the trade register of the Chamber of Commerce of Amsterdam under number 57457232.