Terms and Conditions

General Terms and Conditions KERN Advocatuur

  1. These General Terms and Conditions apply to all engagements undertaken by KERN Advocatuur, including subsequent, altered or supplemental engagements. Sections 7:404, 7:407(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 (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 (registered at the Trade Register of the Chamber of Commerce Amsterdam under number 32171621).
  3. 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 and will be increased by an amount of 5% in office costs unless agreed otherwise. 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.
  4. 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.
  5. 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.
  6. 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).
  7. Any claim against KERN Advocatuur will lapse if instituted one year after the day on which immediate performance may be demanded.
  8. In the event of complaints about the services, the complaints regulation of KERN Advocatuur can be used. This shall be sent at request.
  9. Files will be retained for a period of five years after the conclusion of a case, after which they will be destroyed.
  10. 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.