General Terms and Conditions
- Blaisse is a professional partnership that provides legal services. The partners in Blaisse are private limited companies. Blaisse engages individual persons to carry out its clients’ instructions and assignments. These General Terms and Conditions are applicable to all instructions issued to Blaisse and to all assignments carried out by Blaisse.
- All instructions given to Blaisse by clients will be regarded as being given exclusively to Blaisse, even if the instructions are expressly or tacitly intended to be carried out by a specific person. The effect of Section 404 of Book 7 (concerning the individual who carries out the work) and of Section 407 (2) (concerning jointly carried out work) of the Dutch Civil Code [artikelen 7:404 en 7:407 lid 2 BW] is expressly excluded. The partners in Blaisse, the direct and indirect shareholders of those partners, the directors of those partners and all those who work for or on behalf of Blaisse, whether or not in an employment relationship, are not personally bound or liable.
- These General Terms and Conditions apply to and can be relied upon not only by Blaisse, but also by all persons and legal entities that are engaged to work on any instruction or assignment from a client. The same applies to any previous employees and their possible heirs and/or beneficiaries.
- The provisions of these General Terms and Conditions are applicable to the legal relationship in which any party finds itself who, either within or outside the boundaries permitted by these General Terms and Conditions, relies on the advice that ensues from or is related to a legal relationship within the meaning of these General Terms and Conditions.
- The instructions as formulated will be carried out exclusively for the client. Third parties may not rely upon the work carried out by Blaisse and may derive no rights from such work.
- Blaisse is authorized, on behalf of its clients, to accept conditions that apply in the context of its relationship with a third party, or are imposed by that third party. Blaisse may enforce these General Terms and Conditions against its clients insofar as this relates to the performance of an assignment by a third party. Third parties will never be held liable by the clients of Blaisse.
- In principle, work carried out will be invoiced to clients on a monthly basis. Payment is due within fourteen (14) days of the date of the invoice.
- Any and all liability ensuing from or in connection with the performance of an assignment is limited to the sum that is disbursed under Blaisse’s liability insurance in the case in question, increased by the amount of the deductible [eigen risico]. If no disbursement is made under an insurance policy described in this Article, liability is limited in each case to three (3) times the amount that Blaisse has invoiced the client for the case in question during the calendar year concerned (excluding value-added tax), up to a maximum of EUR 1,000,000. The limitation or exclusion of liability described in this Article will not apply insofar as damages or loss is the result of wilful recklessness or deliberate breach on the part of Blaisse. Blaisse can never be held liable for errors made by third parties, whether or not those third parties were engaged by Blaisse.
- All legal relationships between Blaisse and its clients are governed by Dutch law. All disputes ensuing from such legal relationships will be decided exclusively by the competent court in Amsterdam. Claims for compensation lapse if they are not submitted to the competent court within one (1) year of their discovery.
- The General Terms and Conditions have been drawn up in both the Dutch and the English language. In the event of any dispute as to the content or meaning of said General Terms and Conditions, the Dutch text will be considered binding.