Wolters Strafrechtadvocaten is a civil-law partnership, registered in the trade register with number 57087466. Wolters Strafrechtadvocaten’s VAT number is: NL852432653.B.01. Any orders are accepted exclusively by the civil-law partnership Wolters Strafrechtadvocaten, hereinafter referred to as "contractor", regardless of whether the order was given to any specific person. The contractor is free to decide, in consultation with the client, to have the order executed by one of the other lawyers associated with the contractor. The lawyers that are associated with Wolters Strafrechtadvocaten are registered with the Dutch Bar Association (Nederlandse Orde van Advocaten, Prinses Beatrixlaan 5, 2595 AK, Den Haag).Details and information
The contractor accepts orders in writing exclusively – in deviation from sections 7: 404, 7: 409 and 7: 422 paragraph 1 sub b of the Dutch Civil Code – with the exception of an ex officio defence. Orders are executed by or on behalf of the contractor.
The contractor is obligated to (continue to) execute the order only if the client has provided all details/information required by or on behalf of the contractor. Additional costs due to the client not (timely) providing (all of) the required details/information will be charged to the client. The client is obligated to inform the contractor immediately of any information/conditions that may be necessary for the execution of the order. The client guarantees the correctness and completeness of the information/details provided by or on behalf of the client.Execution
The contractor determines how to execute the order and may involve others (assistance/third parties) on behalf of the client. The contractor will execute the order to the best of the contractor’s ability and as befits a meticulous and conscientious professional. The contractor cannot guarantee that the intended result is achieved. The contractor remains authorized at all times to terminate the work.Copyrights
All rights related to the contractor’s work, including, but not limited to, advisory notes, case documents and collected knowhow, are owned by the contractor.Payment
The contractor’s invoices must be paid within the term specified on the invoice, without any reductions or offsetting. After the term expires the contractor will be authorized to charge legal interest. Any extrajudicial collection charges will be charged to the client.
The contractor remains authorized at all times to require payment of an advance with respect to the work or to cover costs relating to any assistance and/or third parties to be assigned by the contractor. The contractor is authorized to delay or suspend the work until after the client has paid the required advance or invoice. The contractor cannot be held liable for any damages the client might suffer as a consequence of the client not having paid the required advance or invoices (in a timely manner).
Termination of the work
Upon termination of the work for the client, the contractor will return any documents and files, including court documents and minutes, by regular mail upon the client’s request. The contractor will archive the file. The contractor reserves the right to destroy any archived files after seven years, subject to the applicable regulations. Any documents relating to a criminal case that the contractor receives from the judicial authorities will be returned to the authorities or destroyed as soon as possible upon termination of the work. The contractor expressly reserves the right not to archive such documents.Deficiency claims
Any deficiency claims relating the work or an invoice must be made known to the contractor in writing within sixty days of the documents/information being sent, or within fourteen days of the deficiency being discovered if the client proves that the deficiency could not have reasonably been discovered any earlier, on penalty of loss of all claims. Deficiency claims do not suspend the client’s obligation to pay any advances/invoices.Liability
The contractor’s liability and the liability of any employee/assistance/third party assigned by the contractor remains limited to no more than the amount paid out by the contractor’s liability insurance plus the excess to be borne by the contractor further to the applicable insurance agreement. The contractor has professional liability insurance with AIG Europe SA). In deviation from section 6:76 of the Dutch Civil Code, the contractor can only be held liable for deficiencies caused by third parties and/or assisting parties if and insofar as the consequential damage can be claimed from the third party and/or assisting party, without prejudice to the client’s right to direct the claim to this third/assisting party directly.
The client authorizes the contractor to accept any liability-limiting conditions on the client’s behalf.Indemnity
The client indemnifies the contractor against all third-party claims, including the costs to be incurred by the contractor in respect of such claims, related in any way to the work done for the client, except in the case of wilful acts or gross negligence on the part of the contractor.Applicable law and choice of court
The agreement to which these general terms and conditions relate is subject to the law of the Netherlands. The contractor has an internal complaints procedure. The contractor is furthermore a member of the Disputes Committee of the Bar (Geschillencommissie Advocatuur consumenten en Advocatuur zakelijk). If the Disputes Committee of the Bar cannot handle a dispute, the dispute will be submitted to the Judge with jurisdiction at the Noord-Holland District Court in Haarlem, or the Judge with jurisdiction at the District Court that governs the place of residence of the client (provided that the client is a consumer), should the client so choose, if the client so informs the contractor in writing prior to submitting the dispute to the court.
These General Terms and Conditions are a translation. In the event of any conflicts between the English and the Dutch texts, the Dutch original prevails.