1. Kuin Van Overbeek notary B.V. is a private company with limited liability under Dutch law, offering notarial services.
2. These general conditions apply to all assignments, including supplementary and/or subsequent assignments, directed by the clients of Kuin Van Overbeek notary B.V. to Kuin Van Overbeek notary B.V. or to the employees of Kuin Van Overbeek notary B.V.. Kuin Van Overbeek notary B.V., the employees of Kuin Van Overbeek notary B.V., and former employees of Kuin Van Overbeek notary B.V. and, where appropriate, including the heirs of the persons referred to above, may rely on these terms.
3. All assignments, including supplementary and/or subsequent assignments, are deemed to have been given to and accepted by Kuin Van Overbeek notary B.V. only. Notwithstanding articles 7:404, 7:407 and 7:409 paragraph 2 of the Civil Code, Kuin Van Overbeek notary B.V., as well as the employees of Kuin Van Overbeek notary B.V., are not personally bound or liable, nor is the contract terminated by their death, regardless of whether the contract has been granted with a specific person in mind.
4. Kuin Van Overbeek notary B.V. will, in its cooperation with third parties as part of the assignment, use the necessary diligence and consult with the client, as much as reasonably possible, in the selection of such third parties. Any liability for shortcomings, mistakes and the consequences of these shortcomings and errors of these third parties, is excluded.
5 . Any liability of Kuin Van Overbeek notary B.V. in the execution of an assignment of a client is limited to the amount payable in that relevant case by the applicable professional liability insurance, plus the amount of deductible under the applicable insurance. Information about the professional liability insurance is provided on request. Kuin Van Overbeek notary B.V. will under no circumstances grant tax advice regarding the execution of its assignments, except as otherwise expressly agreed or resulting otherwise from the nature of the service provided. Therefore, Kuin Van Overbeek notary B.V. accepts no liability for any damage resulting from tax aspects of assignments it executes.
6. The execution of assignments shall be exclusively for the benefit of the client. Third parties cannot derive any rights from the execution of the work performed for the client.
7. Kuin Van Overbeek notary B.V. will charge usual rates for services, except when the client and Kuin Van Overbeek notary B.V. have agreed otherwise, in writing. The agreement also covers work performed, which does not ultimately lead to a deed. Kuin Van Overbeek notary B.V. is entitled to claim on the basis of the time spent on the assignment by Kuin Van Overbeek notary, against the usual hourly rates of notary Kuin Van Overbeek, except when the client and Kuin Van Overbeek notary B.V. have agreed otherwise, in writing.
8. The payable fee and disbursements shall be received by Kuin Van Overbeek notary B.V., unless stated otherwise, by the date of the execution of the deed, but before the time of the execution thereof. Kuin Van Overbeek notary B.V. is authorized to invoice ad interim, in any case after the expiry of a period of six weeks after commissioning and after every subsequent period of six weeks. A payment term of 15 days after the date of invoice is applicable for invoices from Kuin Van Overbeek notary B.V.. Invoices relating to Corporate Law assignments are surcharged 6% to cover general office expenses (such as postage, registration, phone, fax, photocopying, etc.).
9. Any client who, by way of a note, an invoice or otherwise in writing, has been requested payment of fees or disbursements and from whom, on the due date, no payment has been received, is liable for the costs incurred by Kuin Van Overbeek notary B.V. from the moment of expiry of the limitation period, both in and out of court, in collecting this claim, including collection costs, as well as the time spent by Kuin by Van Overbeek notary B.V., based on the usual hourly rate. He is also liable, from that moment, for the statutory interest on the relevant claim. The interest rate is one percent per month, and a portion of a month counts as a full month.
10. The legal relationship between the client and Kuin Van Overbeek notary B.V. is subject to Dutch law. All disputes arising from the legal relationship shall be resolved by the competent court in Amsterdam.