General Conditions 2018 Benvalor B.V.
- Benvalor Attorneys at Law, Tax lawyers is a Dutch B.V., a company with limited liability (“Benvalor B.V.”) and conducts the integrated legal practice of attorneys and tax lawyers (“professionals”) as an integrated entity. The shareholders of Benvalor B.V. are private companies with limited liability or individual persons. A list of shareholders will be made available upon request.
- All assignments directed to Benvalor B.V. shall only be accepted and performed subject to the applicability of these general terms and conditions. Acceptance by or on behalf of Benvalor B.V. of a client’s assignment which refers to its own general terms and conditions, shall be deemed to occur with the explicit rejection of the client’s general terms and conditions.
- Irrespective of which professionals accept or perform (whether or not in co-operation with others) an assignment, Benvalor B.V. shall be the sole contracting party.
- The contractual or non-contractual liability of Benvalor B.V. for damages resulting from or in connection with possible shortcomings in the performance of an assignment shall be limited to the amount covered under the professional liability insurance taken out by Benvalor B.V. and increased by the amount of any deductible in connection with such insurance.
- The client is only entitled to file a claim for this limited amount against Benvalor B.V.. Any claim for damages against employees, attorneys or directors of the professional corporations in which certain partners perform their work, is excluded. This third party clause is stipulated for the benefit of these persons who at any time can invoke this provision.
- All rights of action pertaining to the execution of assignments or that arise otherwise from this agreement must be submitted within one year after the date on which the client became aware of the problem underlying this action or could reasonably have become aware of such problem. This limitation does not apply to losses that result from willful misconduct or gross negligence or insofar as such limitation is prohibited by law or professional rules of conduct.
- When third parties not employed within the organisation of Benvalor B.V. (“sub-contractors”) are engaged in order to perform an assignment, Benvalor B.V. shall exercise due care in selecting these sub-contractors and shall consult with the client in the selection as far as appropriate. Benvalor B.V. shall not be liable for mistakes or shortcomings of these sub-contractors. Benvalor B.V. hereby stipulates that any assignment shall entail the power to accept on behalf of the client any general terms and conditions and/or limitations of liability of sub-contractors.
- Assignments are accepted and executed by Benvalor B.V. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code are not applicable.
- Not only Benvalor B.V. but also all persons who have been engaged in the performance of the client assignment shall have the right to invoke these general terms and conditions.
- All stipulations in these general terms and conditions have also been made on behalf of the shareholders and directors of Benvalor B.V., the directors of the shareholders of Benvalor B.V. that are corporations with limited liability as well as the current and former employees of Benvalor B.V.
- These general terms and conditions have been drawn up in Dutch and translated into other languages. In the event of a dispute about the contents or tenor of these general terms and conditions, the Dutch text shall prevail.
- All fees are excluding VAT and disbursements, unless indicated differently.
- The law of the Netherlands shall govern the legal relationship between Benvalor B.V. and the client. Any dispute shall be submitted exclusively to the courts of Utrecht.
These general terms and conditions are available on www.benvalor.com and will be sent to you on your first request and free of charge.