- What is the purpose of these general terms and conditions?
Polis Advocaten has laid down arrangements that generally apply to every client and every case we handle. These range from, for example, arrangements concerning liability to arrangements for the payment of invoices. These general terms and conditions record those arrangements.
- Who are we?
Polis Advocaten B.V. (‘Polis Advocaten’) is a private limited company whose purpose is to practise law. The law firm is registered with the Chamber of Commerce in The Hague under no. 53018885.
- When do these general terms and conditions apply?
These general terms and conditions apply to all Polis Advocaten’s assignments, including additional and ensuing assignments. Moreover, they apply not only to you, but to any group companies or companies affiliated to you. Polis Advocaten hereby specifically rejects the applicability of any other general terms and conditions you may refer to.
- To whom do these general terms and conditions apply?
Not only Polis Advocaten, but also every person in any way connected to Polis Advocaten as well as third parties that have been involved in the performance of the assignment, can rely on these general terms and conditions.
- Who will handle your assignment?
Any assignment given to a person working at Polis Advocaten will be considered as an assignment given to Polis Advocaten, irrespective of whether or not the assignment is intended to be handled by a particular person.
In this respect we deviate from Article 404 of Book 7 of the Dutch Civil Code. We also deviate from Article 407 subsection 2 of Book 7 of the Dutch Civil Code, which establishes joint and several liability in the event that an assignment is given to two or more persons.
- Further arrangements regarding your assignment
We will handle your assignment for you exclusively. No rights can be derived by third parties from the services provided or the result thereof.
Polis Advocaten is entitled to engage other service providers in handling the assignments and will exercise due care in so doing. It may well be that this third party uses a limitation of liability clause (or any other exclusion clause). You hereby authorise Polis Advocaten to accept these kind of limitations on your behalf. Polis Advocaten is not liable for any inadvertent mistakes or failures of these third parties.
Do you have a complaint about our services? We will consult with you in order to solve your complaint. To that purpose we have an internal complaints procedure.
- What about our liability?
We will of course handle your assignment with the utmost care and attention. In the unlikely event that we make a mistake, the following will apply.
Any liability, based on any legal ground whatsoever, of Polis Advocaten and all others that can rely on these general terms and conditions, is limited to the amount covered by the professional liability insurance taken out by Polis Advocaten, plus the excess amount. If, for whatever reason, no compensation is paid by the professional liability insurance company, Polis Advocaten’s aggregate total liability will be limited to the fee it charged in relation to the relevant assignment, up to a maximum of € 50,000.
Polis Advocaten is entitled to demand one or more advance payments at any time, both prior to and during the provision of its services. If you fail to pay the requested advance, Polis Advocaten may decide not to commence, to postpone or even to terminate the assignment. Of course we will notify you accordingly in writing. Unless expressly agreed otherwise, the advance will be offset against the final invoice in the relevant case.
Hours worked and external expenses will normally be invoiced on a monthly basis. You will need to pay any invoice within 14 days of its date of issue. If you fail to pay on time Polis Advocaten is entitled to charge statutory interest, as well as all costs related to collecting the invoiced amount.
- Which law applies to these general terms and conditions?
The legal relationship between you and Polis Advocaten is governed by Dutch law. Any possible disputes will be resolved exclusively by the competent Dutch court in The Hague.