General terms and conditions
In these general terms and conditions the following definitions apply:
a. the company: Advocatenkantoor Boogaard 8.V., also acting under the name Boogaard
Advocaten, established in Middelburg;
b. client: the contract party of the company;
c. the office: the company and, both jointly and individually, the natural and legal persons affiliated to the
company, including the directors of the latter, as a director of the company, or on the basis of an employment,
temporary or full-time contract;
d. fee: the financial compensation (time-proportionate or otherwise) -excluding disbursements and office
expenses as in sub e. and f. intended- that the company has agreed upon with the client for the execution
of the assignment;
e. disbursements: the costs incurred by the company in the interest of the execution of the assignment;
f . office costs: the fixed surcharge on the fee for the costs of office facilities;
g. office complaints procedure: the written representation of the internal complaints procedure used at the
a. These general terms and conditions apply to all assignments, as well as to all legal relationships as a
consequence thereof or in connection therewith, unless otherwise agreed in writing prior to the conclusion
of an assignment. These general terms and conditions are also stipulated for the benefit of persons
and third parties who are involved in the performance of any assignment by the company, or who are or
may be liable in this connection.
b. Deviations from these general terms and conditions only apply if they are recorded in writing between
the company and the client.
c. The applicability of any general terms and conditions of the client or third parties is explicitly rejected.
a. The legal relationship between the company and the client is governed by Dutch law.
b. All assignments are carried out in compliance with the conditions as they have been deposited in the Act
on Advocates and Rules of Conduct (Advocatenwet en Gedragsregels voor Advocaten).
c. An assignment is only established after it has been accepted by the company. With regard to the formation
of an assignment, the company can only be represented by lawyers affiliated with the firm.
d. Every assignment to the office is deemed to have been granted exclusively to the company, i.e. the client
agrees that the company will have the assignment carried out under its responsibility by the firm, or if
necessary by third parties on behalf of the firm. Even if it is the express or tacit intention that an assignment
will be performed by a specific person, the assignment will still be deemed to have been granted to
the company. The effect of article 7: 404 of the Dutch Civil Code is excluded. The effect is also excluded
from Section 7:407, subsection 2 of the Dutch Civil Code, which establishes joint and several liabilityfor
cases in which two or more persons have been ordered.
a. For the execution of an assignment, the client owes the fee, plus the disbursements, office costs and
value added tax (VAT). lf the client designates a third party who will pay the invoices, the client will remain
jointly and severally liable for this, in addition to the third party.
b. Activities performed will be charged in the interim period if the execution of the assignment extends over
a longer period than a month. The company is entitled to adjust the agreed hourly rate starting on 1 January
of each new year with the same percentage as the adjustment of the standard hourly rate applied at
c. A specification is attached to the invoice. Remarks and complaints about the specification must be made
known on penalty of expiry within two months after the invoice date.
d. The company is always entitled to demand payment of an advance from the client. An advance payment
is settled with the first invoice or with the final settlement of the assignment.
a. Payment of the invoices of the company must be made within 14 days of the invoice date. lf this period
is exceeded, the client is legally in default and a default interest equal to 1% of the outstanding balance
per month is due.
b. Only payments deposited in one of the company's bank accounts will result in discharge.
c. lf the company takes measures collecting overdue amounts against the client that is in default, all extrajudicial
and judicial costs falling on that collection, with a minimum of 15o/o of the outstanding balance,
will be borne by the client.
d. Client is not entitled to suspend or to set off the payment.
a. The client is obliged to provide the company with correct information at the risk of forfeiting any claim,
however named and for whatever reason, against the company. The client indemnifies the company
against claims from third parties if he fails to comply with the aforementioned obligation.
b. The liability of the office for damage arising from or connected with the execution of an assignment is
always limited to the amount to which the liability insurance in the relevant case gives entitlement, plus
the amount of the deductible according to the relevant policy.
c. lf and insofar as no payment under the liability insurance is allowed, any liability is limited to the amount
claimed and received by the company in the relevant case up to a maximum of € 50,000. Any further
liability is excluded.
d.The office will always exercise due care when engaging third parties. However, the company is not liable
for shortcomings of third parties engaged by the company or for the improper functioning of the
equipment, software, data files, registers or other items used by the company in the performance of the
agreement. The company is authorized by the client to accept any liability limitations of third parties on
behalf of the client. The client indemnifies the company against all claims of third parties, including reasonable
costs of defense.
e. The limitations of liability described under c and d do not apply to intent or gross negligence of (directors
of) the company, and/or of its managerial subordinates, including the lawyers associated with the office.
f. The company accepts no liability if the Stichting Beheer Derdengelden is unable to pay to the client as a
result of non-compliance of the banking institution where Stichting Beheer Derdengelden holds one or
g. Any claim by the client against the company, except for the claim of the client that has been recognized
by the company, expires after 12 months after the occurrence of that claim, unless the company has
been notified of this in writing within this period.
7. Complaints and disputes settlement scheme
a. An office complaints procedure applies to the legal relationship between the company and the client.
This regulation can be consulted via http://www.boogaardadvocaten.nl/. A copy of the office complaints
procedure can be requested free of charge from the attending lawyer and will be forwarded on request.
b. Disputes arising from the performance of the services of the company - including all claim disputes -
that cannot be resolved internally, are exclusively settled by the District Court of Zeeland-West-Brabant,
These general terms and conditions were filed at the Registry of the Zeeland-West Brabant District Court on
November 152018,location Middelburg under number 38/2018. The generalterms and conditions are also
available at the Boogaard Advocaten website: www.boogaardadvocaten.nl/nl/het-kantoor/algemene-voorwaarden.htm.
The general terms and conditions drawn up in the Dutch language shall prevail over the general terms and
conditions drawn up in the English language or in any other language.