General Terms and Conditions

Version 2024

1. 1. These General Terms and Conditions apply to all engagements undertaken by KERN Advocatuur Gerritsen and KERN Advocatuur Keegstra (hereinafter collectively, “KERN Advocatuur”), including subsequent, altered or supplemental engagements. Sections 7:404, 7:407(2), 7:408(2) and 7:409 of the Dutch Civil Code [BW] do not apply.
   2. For cases handled by Mr. Gerritsen, the agreement between client and KERN Advocatuur shall be entered into between the client and the sole proprietorship KERN Advocatuur Gerritsen (registered at the Trade Register of the Chamber of Commerce Amsterdam under number 34352691). For cases handled by Mr. Keegstra, the agreement between client and KERN Advocatuur shall be entered into between the client and the sole proprietorship KERN Advocatuur Keegstra (registered at the Trade Register of the Chamber of Commerce Amsterdam under number 32171621).
   3. The client shall provide KERN Advocatuur with any information that KERN Advocatuur or third parties engaged by it/them may need to meet any obligations to establish the identity of clients and persons affiliated with clients, including obligations under the Dutch Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financieren van terrorisme (‘Wwft’)). KERN Advocatuur has an obligation to report unusual transactions to the authorities.
   4. Unless agreed otherwise in writing, the fee amount will be determined based on the amount of time spent and the applicable hourly rate. The aforementioned hourly rate is exclusive of VAT. Costs that are not included in the hourly rate, such as bailiff’s fees, court registry fees, translation expenses and travel expenses, will be recharged to the client. Payment must be effected within fourteen days of the invoice date.
   5. Unless agreed otherwise in writing, in addition to the fee a surcharge for office costs of 5% will be charged as soon as preparations for proceedings are started on behalf of the client, or proceedings have been initiated by the other party. The foregoing irrespective at which  authority the legal proceedings are conducted. The surcharge applies from the first day of the month in which the preparation of the procedure has started, or from the first day of the month in which proceedings have been initiated by the other party.
   6. KERN Advocatuur is entitled to index the fee annually on 1 January by a percentage equal to the annual change in the consumer price index as determined by Statistics Netherlands in the preceding calendar year. The fee after indexation is rounded to whole euros.
   7. If multiple clients engage the services of KERN Advocatuur for work that is the same, or virtually the same, the engagement will be considered to be a joint engagement and the clients will be jointly and severally liable for payment of the invoices.
   8. KERN Advocatuur will be free to use its own discretion in engaging the services of third parties if this is necessary to properly perform its engagements. To the extent possible, the client will be consulted in advance concerning such action. Costs relating to engaging such third parties will be recharged to the client. KERN Advocatuur is not liable for damages resulting from an act or omission caused by third parties it has engaged.
   9. KERN Advocatuur’s liability for breach of contract (in Dutch: “wanprestatie”), tort (in Dutch: “onrechtmatige daad”) or any other legal basis for a claim for damage compensationis limited to the amount paid out by KERN Advocatuur’s professional liability insurance for a specific case, including deductibles. If the insurer refuses to pay in a particular case, the liability for the total loss or harm caused by KERN Advocatuur’s performance will be limited to the amount that the client has paid KERN Advocatuur for the work that caused the loss or harm, up to a maximum amount of EUR 20,000 (including VAT).
   10. The client indemnifies KERN Advocatuur and all persons affiliated with KERN Advocatuur against any claims made by third parties and any other damage suffered by KERN Advocatuur or a person affiliated with KERN Advocatuur in connection with the services, to the extent that the claim or damage exceeds the amount that is paid out in that regard under KERN Advocatuur’s insurance, plus the applicable deductible. The indemnification does not apply if the claim or damage arises from willful misconduct or gross negligence (opzet of bewuste roekeloosheid) on KERN Advocatuur’s part. A third party includes every group company, shareholder and managing or supervisory director of the client, any persons working at or for the client and any family member of the client. This paragraph is an irrevocable third-party clause for the benefit of every person affiliated with KERN Advocatuur.
   11. Any claim against KERN Advocatuur will lapse if instituted one year after the day on which immediate performance may be demanded.
   12. In the event of complaints about the services, the complaints regulation of KERN Advocatuur can be used. This shall be sent at request.
   13. Files will be retained for a period of five years after the conclusion of a case, after which they will be destroyed without notification to the client.
   14. If KERN Advocatuur processes personal data, whether or not in relation to the execution of instructions, this processing will be done in accordance with KERN Advocatuur’s privacy policy. This policy can be viewed at www.kernadvocatuur.nl
   15. All engagements undertaken by KERN Advocatuur are governed by Dutch law. Any dispute between the client and KERN Advocatuur will be submitted exclusively to the competent court in Amsterdam, the Netherlands.