General Terms and Conditions
Koch Advocaten B.V.
These General Terms and Conditions were filed with the court registry of the District Court in Breda on 10 December 2019 under number 27/2019.
Koch Advocaten is a private limited company pursuing the practice of lawyer in the broadest sense.
The applicability of these General Terms and Conditions is also stipulated for the benefit of the private limited companies that are the shareholder and director of Koch Advocaten B.V., as well as for the benefit of the shareholders and directors of those private limited companies. Furthermore, the applicability of these General Terms and Conditions is stipulated for the benefit of the persons employed by Koch Advocaten B.V., including former employees of Koch Advocaten B.V. or their heirs, as the case may be, insofar as they are held liable at a time when they are no longer employed by Koch Advocaten B.V., and for the benefit of all persons who are engaged by Koch Advocaten B.V. for the performance of an assignment.
These General Terms and Conditions are applicable to all agreements between Koch Advocaten B.V. and its clients, and to any additional and follow-up assignments.
All assignments given to Koch Advocaten B.V. are deemed to have been given exclusively to Koch Advocaten B.V. The provisions of Section 7:404 and Section 7:407(2) of the Dutch Civil Code are expressly excluded.
Any liability of Koch Advocaten B.V. or its partners, including its directors, is limited to the amount paid out under the professional liability insurance of Koch Advocaten B.V. in the matter concerned, increased by the amount of excess carried by Koch Advocaten B.V. for that insurance. In cases where the relevant professional liability insurance fails to pay out due to a cause beyond the specific circumstances of the claim in question, any liability of Koch Advocaten B.V. or any one of its partners including their directors will be limited to a sum of EUR 46,000.
Koch Advocaten B.V. may engage third parties, but always as much as possible in consultation with the client. Koch Advocaten B.V. is not liable for any breach by these third parties. If these third parties wish to limit their liability for the activities to be performed by them, Koch Advocaten B.V. will be entitled and authorised as a result of the client's acceptance of the applicability of these General Terms and Conditions, to agree to such limitation of liability, also on the client's behalf.
Assignments will be performed exclusively for the benefit of the client. Third parties cannot derive any rights from, or base claims against Koch Advocaten on (the substance of) the activities performed by Koch Advocaten B.V. If the client gives or discloses the contents of reports, advice or other information or (products of) activities performed by Koch Advocaten to third parties, the Client will be held to point out the applicability of these General Terms and Conditions and the present provision.
A 14 days' payment term applies to all invoices sent by Koch Advocaten B.V., which term is to be regarded as a strict deadline.
All agreements between Koch Advocaten B.V. and its clients, including additional and follow-up agreements are governed by the internal complaints and dispute settlement procedures of Koch Advocaten B.V..
The legal relationship between Koch Advocaten B.V. and its clients is governed exclusively by Dutch law is. The Dutch court is exclusively authorised to hear disputes between Koch Advocaten B.V. and its clients.
These General Terms and Conditions have been drawn up in Dutch and in English. In the event of a difference of opinions on the substance or reading of any clause, the Dutch text will always prevail.