General Conditions of Boekel De Nerée N.V.
1. Boekel De Nerée N.V. is a limited
liability company, incorporated under the laws of the Netherlands
whose purpose is to offer professional services as advocaten and
civil-law notaries (notarissen). Boekel De Nerée N.V. has its
registered office in Amsterdam. A list of the persons who by means
of their companies own shares in Boekel De Nerée N.V. - and are
also called "partners" - will be provided on request.
2. These general conditions apply to
all services performed or to be performed by Boekel De Nerée
3. Instructions to Boekel De Nerée
N.V. or to any of the partners and/or employees constitute
instructions accepted and carried out exclusively by Boekel De
Nerée N.V. The applicability of Article 7:404 Dutch Civil Code,
which addresses the last mentioned case, and Article 7:407
paragraph 2 Dutch Civil Code, which creates joint and several
liability in the event that an instruction is given to two or more
persons, is excluded. This shall also apply if the instructions
were explicitly or implicitly intended for a particular person.
4. Unless otherwise agreed in writing,
the fee will be calculated on the basis of the hours worked
multiplied by the applicable rates as periodically fixed by Boekel
De Nerée N.V.
5. Any liability of Boekel De Nerée
N.V. in any matter is limited to the amount, which is paid out
under Boekel De Nerée N.V.'s professional liability insurance in
the matter concerned, including the deductible, which Boekel De
Nerée N.V. carries pursuant to the insurance policy.
6. Without prejudice to the provisions
in Article 6:89 of the Dutch Civil Code, the entitlement to
compensation for damages expires one year after the event from
which the damages directly or indirectly arise and for which Boekel
De Nerée N.V. is liable.
7. The choice of Boekel De Nerée N.V.
of third parties to be instructed shall be made with due care and,
if possible, after consultation with the client. Boekel De Nerée
N.V. shall not be liable for any default or failings of such third
parties. The client authorizes Boekel De Nerée N.V. to accept any
limitation of liability stipulated by third parties.
8. Boekel De Nerée N.V.'s services shall be exclusively for the
benefit of the client. The contents of our services may not be used
or relied on for any other purpose or by any person other than the
9. If the client discloses the
contents of the services performed by Boekel De Nerée N.V. to any
third party on its behalf, the client is obliged to inform such
third party that the general conditions are applicable to these
services. In the event that a third party wishes to make use in any
way whatsoever of the services performed, such third party shall
also be bound by these general conditions.
10. These general conditions have also
been agreed for the benefit of all persons involved in performing
the services on behalf of Boekel De Nerée N.V.
11. These general conditions have been
translated into English and German. In the event of any difference
between these texts, the Dutch text shall prevail.
12. The relationship between the
client and Boekel De Nerée N.V. is subject to Dutch law.
13. All notarial services provided by
Boekel De Nerée N.V. are subject to the complaints and disputes
procedure for civil law notaries. All other disputes, including
those exceeding the maximum amount stated in the complaints and
disputes procedure for civil law notaries, will be settled
exclusively by the competent court in Amsterdam, the
14. These general conditions have been
deposited at the Court Registry of the District Court of