- These General Terms and Conditions, which are also available on our website www.legalconsultancy.eu, apply to all instructions (including, without limitation, supplemental and further instructions) to Pennec Legal Consultancy ("PLC") accepted by PLC. The applicability of the client's general conditions is explicitly excluded.
- All instructions are accepted and carried out by Pennec Legal Consultancy only, pursuant to a contract for professional services (overeenkomst van opdracht).
- The provisions of articles 7:404 and 7:407 subsection 2 of the Dutch Civil Code (Burgerlijk Wetboek), which impose joint liability where an instruction is given to two (2) or more persons, shall not be applicable.
- PLC shall carry out any instruction with due care, to the best of its knowledge, skills and abilities.
- In acting upon an instruction, PLC is authorized to call upon the assistance and engage the services of third parties such as attorneys, foreign lawyers and other Dutch and foreign service providers and advisors. When engaging the services of third parties, PLC shall, as far as practically possible, select such third parties after consultation with the client. Any and all liability of PLC in respect of such third parties is excluded. PLC is not liable for any acts or omissions of third parties. By instructing PLC, the client gives PLC authority to accept on behalf of the client a limitation of liability stipulated by such person. PLC excludes any and all liability that is in any way connected with the insolvency of any third party.
- If, in the context of carrying out an instruction, an event occurs that could lead to any liability on the part of PLC, such liability shall at all times be limited to the amount which is paid under PLC's professional liability insurance in respect of the matter concerned, increased by the amount of the applicable deductible (eigen risico).
- If, for whatever reason, no amount shall be paid by a professional liability insurance as described under section 6 above, any liability shall be limited to a sum equal to the amount paid by the client to PLC in relation to the matter, or relevant part thereof, in respect to which the liability has arisen, subject to a maximum of 20,000 euro. Without prejudice to the provisions set forth in article 6:89 of the Dutch Civil Code, the right to compensation for damages shall at any rate terminate twelve (12) months after the occurrence of the event that caused, whether directly or indirectly, the damages for which PLC may be liable.
- In respect of instructions performed, fees, disbursements, office expenses and V.A.T. shall be payable by the client. Invoices must be paid within the period stated on the invoice or, in the absence thereof, within fourteen (14) days from the date of the invoice. Should payment not be received within such period, the client shall be deemed to be in default, without any further notice being required. In case any invoice is not, or not timely, paid by the client, PLC shall be entitled to suspend or terminate its services for the client. This shall not affect the client's obligation to timely pay any outstanding invoices and any invoices that are yet to be submitted.
- Pursuant to applicable legislation, PLC is obliged to verify the identity of its clients and to report certain unusual transactions to the authorities in certain circumstances. By instructing PLC, clients confirm that they are aware of this obligation and give their permission, insofar as this is required.
- Dutch law shall govern the legal relationship between PLC and its clients. Disputes shall be exclusively submitted to the competent court in Amsterdam, the Netherlands.
PLC is registered as sole proprietorship in Amsterdam with the Trade Register under no. 56828128.