- Galavazi Den Hertog (“Galavazi Den Hertog”) is a partnership constituted under the laws of the Netherlands (maatschap) that consists of limited liability companies (“Partners”), whose object is to provide legal services and tax advice. A list of Partners shall be provided upon request.
- These general terms and conditions apply to all assignments to Galavazi Den Hertog, including supplemental and follow-up assignments.
- All assignments are deemed to have been given to Galavazi Den Hertog only, also if it is explicitly or implicitly intended that the assignment is to be performed by a specific affiliated person. Sections 7:404 and 7:407 of the Dutch Civil Code (burgerlijk wetboek), shall not apply. The term “affiliated person” includes: Partners, their shareholders and directors, Stichting Derdengelden Galavazi Den Hertog, persons working for Galavazi Den Hertog and third parties engaged by Galavazi Den Hertog to carry out an assignment.
- Any liability of Galavazi Den Hertog is limited to the amount paid out in that specific case under its professional indemnity insurance, increased by the amount of the deductible.
- If Galavazi Den Hertog engages a third party not affiliated with Galavazi Den Hertog to perform an assignment, Galavazi Den Hertog shall not be liable vis-à-vis the client for errors or omissions made by such third party. By giving an instruction to Galavazi Den Hertog, the client authorises Galavazi Den Hertog to accept on behalf of the client any limitation of liability of third parties on its behalf.
- The provisions in these general terms and conditions are made for the benefit not only of Galavazi Den Hertog, but also of all Partners their shareholders and directors, all persons working for Galavazi Den Hertog and all third parties engaged by Galavazi Den Hertog to carry out an assignment.
- In the performance of assignments, Galavazi Den Hertog and Stichting Beheer Derdengelden Galavazi Den Hertog may receive monies from clients or third parties. Galavazi Den Hertog and Stichting Beheer Derdengelden Galavazi Den Hertog shall deposit such monies with a bank chosen by Galavazi Den Hertog in consultation with interested parties. Galavazi Den Hertog and Stichting Beheer Derdengelden Galavazi Den Hertog shall not be liable if the bank chosen fails to fulfil its obligations.
- Pursuant to applicable regulations (including the Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financiering van terrorisme), Galavazi Den Hertog is under the obligation to establish the identity of its clients and, under certain circumstances, to report unusual transactions to the authorities. By instructing Galavazi Den Hertog, clients confirm that they are aware of these obligations and, to the extent necessary, consent thereto.
- Each claim for damages shall expire one year from the day following the day the client becomes aware of the damages and Galavazi Den Hertog as the liable party.
- The relationship between Galavazi Den Hertog and its clients shall be governed by the laws of the Netherlands. Any dispute shall be exclusively submitted to the competent court in Amsterdam, the Netherlands.
These general terms and conditions are available in both the Dutch and English language. In the event of any dispute arising with respect to the contents or purport of these general terms and conditions, the Dutch language version shall prevail.
These terms and conditions were filed at the registry of the District Court of Amsterdam on 23 September 2013 under number 97/2013.