Wiersma Van Campen Vos advocaten

general conditions

Wiersma Van Campen Vos ("WVCV") is a partnership which comprises natural and/or legal entities. A list of partners will be sent on request.
WVCV regards all client assignments as having been exclusively entrusted to it as an organization, even if it is the explicit or tacit intention that an assignment will be carried out by a particular person attached to WVCV. The operation of Article 7:404 of the Dutch Civil Code, which provides regulation on the situation as referred to in the previous sentence, and the operation of Article 7:407 paragraph 2 of the Dutch Civil Code, which establishes a joint and several liability for cases in which two or more persons are given an assignment, is excluded.
If an event occurs while performing an assignment for a client which leads to liability, that liability will be confined and limited to the amount paid out under the (Professional) Liability Insurance taken out by WVCV, to which should be added the amount of the deductible which is not for the insurer's account under the conditions of the insurance. The Liability Insurance which (in the case of the Professional Liability Insurance) provides cover up to a maximum of EUR 1,135,000 per event, is available for inspection at WVCV's office address. If, for whatever reason, payment is denied under this Professional Liability Insurance, WVCV’s liability will be limited to EUR 12,500, or, should the fee for the assignment in question exceed this figure, to the amount of the fee, with a maximum of EUR 50,000.
In the context of performing an assignment for a client, WVCV is entitled to deploy the services of third parties working in or outside the Netherlands who are not attached to WVCV. WVCV will not be liable for any faults or errors that might be made or committed by these third parties. It is possible that third parties as referred to in the first paragraph of this Article wish to limit their liability. WVCV assumes and if necessary stipulates hereby that a client's assignment gives WVCV the power to (tacitly) accept such restriction on liability on behalf of the client as well.
Not only WVCV and (the administrators or directors of legal entities connected to WVCV or) persons attached to WVCV or at least working for WVCV may invoke the conditions of the General Conditions but also third parties who have been instructed in the context of the performance of an assignment. This also applies to (administrators or directors of legal entities or) persons including any inheritors, if they are held liable for an event, faults or errors as referred to in articles 3 and 4 of the General Conditions after they have ceased to be connected or attached to or at least working for WVCV.
All claims made by clients or third parties shall be void if not submitted to WVCV in writing and with justification within one year after the client or third party was aware, or could reasonably be expected to be aware, of the facts on which the claim is based.
These General Conditions also apply to any additional assignment and/or follow-up assignment by a client. The General Conditions have been drawn up in the Dutch and English languages and in the event of any dispute regarding the content or tenor of the conditions, the Dutch text shall be binding.
Dutch law shall apply to the legal relationship between WVCV and the client or any other person using WVCV's services. The Dutch Courts shall have exclusive power to hear any dispute.