General Terms and Conditions Bartolus Rechtspraktijk B.V. (version 5 May 2020)
1. Bartolus Rechtspraktijk B.V. (“Bartolus”) is a private limited liability company incorporated under Dutch law, established in Amsterdam and registered with the trade register of the Dutch Chamber of Commerce under no. 71424172, with the goal of practicing law in accordance with all professional rules applicable to Dutch attorneys-at-law.
2. These terms and conditions apply to each engagement which Bartolus has accepted. The applicability of any general conditions of the client or any third party is expressly excluded.
3. All engagements are deemed to have been given to Bartolus only, and are accepted and carried out solely by Bartolus. The application of sections 7:404 and 7:407(2) of the Dutch Civil Code is excluded, even if it is the client’s intention that the engagement will be carried out by a specific person associated with Bartolus. “Person associated with Bartolus” means every employee, staff member, non-subordinate officer, director and any direct or indirect shareholder of Bartolus.
4. All provisions in these terms and conditions also serve as irrevocable third party stipulations without any consideration as referred to in section 6:253(4) of the Dutch Civil Code for the benefit of persons associated with Bartolus.
5. Any liability of Bartolus is limited to the amount paid out under Bartolus’ liability insurance (at the moment being a maximum of EUR 500,000 in total), increased by the applicable deductible.
6. Each claim for compensation will expire one year after the start of the day following that on which the client became aware of the relevant damage and of Bartolus as the potentially liable party.
7. Bartolus may engage third parties for the performance of the services. Bartolus shall exercise the necessary due care in its selection of third parties. Bartolus is not liable for damages as a result of any acts or omissions of third parties. Bartolus is authorised to accept the conditions, if any, of third parties on behalf of the client, including limitations of liability.
8. The client indemnifies Bartolus against all third party claims that arise from or are in any way connected to the engagement or the services that have been performed for the client. The client shall also indemnify Bartolus for all costs associated with such third party claim, such as attorney fees, litigation costs, arbitration costs, extrajudicial costs and expert costs.
9. Bartolus will not accept and retain third party funds, as Bartolus has not established the required legal entity for safekeeping these funds.
10. Bartolus’ Privacy Statement applies to the processing of personal data. This Privacy Statement is available on www.bartolus.nl.
11. Bartolus’ Complaints Procedure applies to all services provided by Bartolus’ attorneys. This Complaints Procedure is available on www.bartolus.nl.
12. Dutch law governs the legal relationship between Bartolus and its client. Any dispute between Bartolus and a client shall exclusively be decided by the competent court in Amsterdam, The Netherlands.