Stijl B.V. (“Stijl”) is a private company with limited liability incorporated under the laws of the Netherlands, the object of which is to practice the legal profession in the broadest sense of the words.
Prof. mr. C.A. Adriaansens and prof. mr. dr. L.J.A. Damen are associated with Stijl as of counsel (“adviseur”).
These general terms and conditions are applicable to all assignments, including supplementary assignments and follow-up assignments.
All assignments shall be accepted and executed by Stijl, also if and in so far as it is the express or tacit intention that an assignment is to be executed by a certain person. The applicability of sections 7:404 and 7:407 paragraph 2 of the Dutch Civil Code (“CC”) is expressly excluded.
Stijl shall be at liberty to have assignments awarded under its responsibility executed by persons who are affiliated to it, and/or, in the event Stijl deems such necessary, by engaging the services of third parties.
Stijl shall, in the execution of the assignments awarded to it and at the selection by it of third parties to be engaged, observe the duty of due care which may reasonably be expected of it under the given circumstances. Stijl shall not be liable for a shortcoming or unlawful act of an engaged third party.
Stijl, as well as all the natural persons and/or legal entities whose services are directly or indirectly engaged in the executing of an assignment, may invoke these general terms and conditions. These general conditions are to be considered as a third party clause (“derdenbeding”) in their favour as stipulated in article 6:253 Dutch Civil Code.
In the event that, in the carrying out of its assignment, Stijl should engage services of third parties, the principal shall now for then accept all limitations of liability invoked vis-à-vis Stijl by such third parties.
In the unlikely event the carrying out of an assignment by Stijl should lead to liability, that liability shall always be limited to the amount which is to be paid out to Stijl in the case concerned under the applicable liability insurance of Stijl, to be increased with the amount of the policy excess which pursuant to the applicable insurance agreement in the case concerned shall be for the account of Stijl.
In the event of a conflict regarding the (execution of the) assignment that cannot be solved amicably, the principal shall initiate legal actions against Stijl exclusively and never against the natural persons and/or legal entities whose services are directly or indirectly engaged in the executing of an assignment.
If for whatever reason no payment by virtue of the insurance referred to under 8 should be made, each liability shall be limited to the fee charged in the case concerned in the year concerned, exclusive of VAT and office costs, up to a maximum of EUR 75,000.
Without prejudice to that determined in section 6:89 CC, the right of the principal to damages shall lapse in all events one year after the date of the event from which the damages arose directly or indirectly and for which Stijl is liable.
The principal indemnifies Stijl against all claims of third parties as well as against all additional costs, that bear relation to services provided by Stijl to the principal.
These general terms and conditions have been drawn up in the Dutch and English languages. The Dutch text is binding.
The legal relationship between Stijl and the principal shall be governed by the laws of the Netherlands. Disputes shall exclusively be settled by the competent Dutch Court at Amsterdam.
These general terms and conditions have been deposited at the registry of the Amsterdam Court under number 23/2017, and may be consulted at www.stijladvocaten.nl.