- All services of Lex Flori B.V., including services pursuant to commissions to persons associated with Lex Flori B.V., are subject to these General Terms and Conditions, the latest version of which is always published at www.lexflori.nl/general-terms. 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. Applicability of General Terms and Conditions referred to by the client, is explicitly rejected.
- All instructions, including those which are directed to a particular person associated with Lex Flori B.V., 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 and Lex Flori B.V. is not liable towards third parties for possible faults or shortcomings in its services. Persons associated with Lex Flori B.V. include (among others) (former) employees, current or former direct or indirect shareholders or directors and third parties that are or were appointed by Lex Flori B.V.
- 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. Lex Flori B.V. is authorized to accept possible liability restrictions of third parties on behalf of the client.
- 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, with a maximum of € 25,000. Liability for indirect or consequential damage is excluded.
- Any claims from clients and third parties shall expire if these claims are not presented and substantiated in writing to Lex Flori B.V. within three months after the day the client or the third party became aware, or could reasonably have become aware, of the facts on which his claim is based.
- Unless otherwise agreed, Lex Flori B.V.’s invoices are to be paid without set off within 14 days, failing which interest of 1% per month is owed over the outstanding amount and Lex Flori B.V. is entitled to suspend its activities as long as no full payment is made. 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 presented and substantiated in writing within two months after the date of dispatch of the invoice, while paying the undisputed part of the invoice, failing which the right to complain shall expire and the correctness and the indebtedness of the invoice shall be indisputable.
- The client shall be obliged to indemnify and hold harmless Lex Flori B.V. from any claims by third parties, and to compensate Lex Flori B.V. for the reasonable costs of defending such claims.
- 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 can be found at www.lexflori.nl/kantoorklachtenregeling. In case disputes cannot be settled through the aforementioned procedure, they shall be submitted exclusively to the competent court in Haarlem, notwithstanding the option for Lex Flori B.V. to bring a claim to any other competent court.
- 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