GENERAL TERMS AND CONDITIONS

HARVEYBLOOM ADVOCATEN COÖPERATIE U.A. (v27072022)

1. HarveyBloom Advocaten Coöperatie U.A., (hereinafter: the cooperative) is a cooperative association with excluded liability (for its members) under Dutch law, established in The Hague.
2. All assignments are accepted and carried out exclusively by the cooperative, even if it is the explicit or tacit intention that an assignment be carried out by a specific (legal) person. A client (hereinafter referred to as client) cannot derive any claims in this respect from sections 7:404 and 7:407(2) of the Dutch Civil Code.
3. The provisions in these general conditions apply not only to the cooperative but also to all (legal) persons who in any way work or have worked for the cooperative, including the members and Stichting Beheer Derdengelden HarveyBloom Advocaten, and the heirs of such persons. They may all invoke these general conditions.
4. These general terms and conditions apply to all assignments, supplementary assignments and follow-up assignments.
5. The cooperative is entitled to engage third parties for the execution of an assignment. The cooperative is not liable for any shortcomings of such third parties. Any limitations of liability of such third parties may (also) be accepted by the cooperative on behalf of the client. These general conditions are also agreed for the benefit of those third parties.
6. The cooperative may invoke its lawyer-client privilege and duty of confidentiality regardless of the client’s position on the matter.
7. Any liability in connection with an assignment, even if based on unlawful act, is limited to the amount paid out by the professional liability insurer in the matter concerned, plus the amount of the cooperative’s so-called excess under the applicable policy conditions. If and insofar as no payment is made under the insurance policy for any reason whatsoever, liability will be limited to the fees charged by the cooperative in connection with the relevant assignment, up to a maximum of thirty thousand Euros, including VAT.
8. The cooperative shall never be liable for indirect damage and/or consequential damage and/or business damage.
9. Assignments awarded are carried out by the cooperative exclusively for the benefit of the client(s). Third parties cannot derive any rights from the content of the work carried out and, more generally, from the way in which these assignments may or may not be carried out. It is not possible to transfer rights arising from an assignment and claims on the cooperative, under any title whatsoever, to third parties (prohibition of transfer under property law).
10. The client shall not be entitled to invoke the partial or full dissolution of the agreement for the performance of services, nor shall the client be entitled to compensation for any loss within the meaning of section 6:230 of the Dutch Civil Code.
11. The client indemnifies the cooperative against any liability towards third parties arising from or otherwise related to the assignment, unless such liability is caused by intent or gross negligence on the part of the cooperative.
12. The client can no longer invoke a deficiency in the performance if he/she has not protested to the cooperative in writing within a reasonable period, but in any case within no more than three months after he/she discovered or reasonably could have discovered the deficiency.
13. The term of payment for the first invoice is immediate and for each subsequent invoice fourteen days.
14. If an invoice sent to the client is not paid on time, the cooperative is entitled to suspend its services until full payment has been made.
15. The cooperative has the right to set off advances paid by or on behalf of the client against outstanding invoices, regardless of the matter in respect of which any advance payment has been made and/or regardless of the matter in respect of which an invoice for the account of the client is outstanding.
16. The cooperative has the right to set off any claim it has on the client(s), including a conditional and/or reasonably foreseeable claim, against what it, or Stichting Beheer Derdengelden HarveyBloom Advocaten, owes or shall owe to the client(s).
17. The client is not entitled to suspend payments or to set off invoices received from the cooperative.
18. If any provision of these general terms and conditions is void or voidable, this shall not affect the other provisions and the provision concerned shall be ascribed a corresponding meaning as far as possible.
19. These general terms and conditions have been drawn up in Dutch and English. In the event of a difference between the English and the Dutch text, the Dutch text shall prevail and be binding.
20. The cooperative is entitled to change these general conditions unilaterally. The most recent version of the general conditions can be found on the cooperative’s website (www.harveybloomadvocaten.nl).
21. The legal relationship between the client and the cooperative is governed by Dutch law. Disputes shall be subject to the exclusive jurisdiction of the competent Court of The Hague, location The Hague.