- All services of Lex Flori B.V. are subject to these General Terms and Conditions, the latest version of which can be published at www.lexflori.nl/algemene-voorwaarden. Any amendments to the General Terms and Conditions automatically become effective, unless the Client informs Lex Flori in writing, within a month of publication of an amendment, that it will not accept the amended General Terms and Conditions, in which case the version that was in force before that version shall remain in effect.
- All instructions, including those which are directed to a particular person, shall be considered to have been exclusively given to and accepted and performed by Lex Flori B.V. in favour of its clients, in disregard of the articles 7:404 and 7:407(2) of the Dutch Civil Code. Third parties cannot derive any rights from the work performed and from the ensuing results.
- Lex Flori B.V. shall exercise due diligence when engaging the services of third parties not employed within its own organisation (including but not limited to procurators, notaries, tax consultants, foreign lawyers, accountants, loss adjusters, surveyors, experts, advisors, bailiffs, service providers). Lex Flori B.V. shall, however, not be liable for any fault or shortcomings on the part of such third parties.
- Any liability on the part of Lex Flori B.V. shall be limited to the amount that is paid under the professional liability insurance concluded by Lex Flori B.V., increased by the amount of any deductible. Information about the professional liability insurance will be provided to you on request. If, for whatever reason, no insurance payment is made, any liability on the part of Lex Flori B.V. towards clients shall be limited to the amount of fee charged by Lex Flori B.V. in connection with the instructions concerned.
- Any claims from clients and third parties shall be time‐barred if these claims have not been made by written and reasoned notice presented to Lex Flori B.V. within three months commencing from the day when the client or the third party respectively was aware, or could reasonably have been aware, of the facts on which his claim is based.
- Unless otherwise agreed, Lex Flori B.V.’s invoices are to be paid within 14 days, in default of which an interest of 1% per month is owed over the outstanding amount. If payment needs to be legally enforced, the client shall be obliged to reimburse Lex Flori B.V. for any judicial and extrajudicial costs incurred, including the full payment of the lawyers’ fees. The latter also applies if the case is handled by a lawyer of Lex Flori B.V. Any objections against an invoice from Lex Flori B.V. need to be submitted by written and reasoned notice within two months after the date of dispatch of the invoice, in default of which, the right to complain shall lapse and the correctness and the indebtedness of the invoice shall be indisputable.
- The client shall be obliged to hold Lex Flori B.V. indemnified and harmless from any claims by third parties, and to compensate Lex Flori B.V. for the reasonable costs of defending such claims.
- Applicability of General Terms and Conditions referred to in documents originating from the clients is hereby expressly rejected.
- These General Terms and Conditions are also stipulated for the benefit of the director(s) of Lex Flori B.V., its shareholders and these shareholders’ directors, and all those who performed, have performed or are performing work for him (them) or for Lex Flori B.V., whether or not under employment or services contract. All these persons will, for this part, become parties to the agreement between Lex Flori B.V. and the client.
- The legal relationship between clients and Lex Flori B.V. is governed exclusively by Dutch law. Complaints of the client addressing Lex Flori B.V. will be handled on the basis of the complaints handling procedure, which provides for a complaints officer, and which provides for an expert determination procedure in case the client cannot agree with the judgment of the complaints officer. In case disputes cannot be settled through the aforementioned procedure, they shall be submitted exclusively to the competent court in Amsterdam.
- These General Terms and Conditions have been drawn up in Dutch and translated into English. In the event of any discrepancy between the Dutch text and its English translation, the Dutch text shall be decisive.
Download the General Terms and Conditions