These general terms and conditions apply to all instructions given to ZIPPRO MEIJER. ZIPPRO MEIJER has its office in Amsterdam and is registered in the Commercial Register of the Chamber of Commerce under number 61536164. There is a Dutch version and an English version of these general terms and conditions. In case of any inconsistency between these two versions, the Dutch version shall prevail.
These general terms and conditions have also been drawn up not only for the benefit of ZIPPRO MEIJER and its partners but also for the benefit of all people who, in any way, are engaged by ZIPPRO MEIJER to provide services.
All instructions will only be accepted and carried out by the partnership of ZIPPRO MEIJER even where an instruction has been given with a view to having that instruction carried out by a specific person. The applicability of the Articles 7:404 and 7:407(2) Dutch Civil Code is explicitly excluded.
The total liability of ZIPPRO MEIJER pursuant to an attributable failure to comply with an agreement, a wrongful act or any other legal grounds will be limited to the cumulative amount that is paid out for the case in question under the professional indemnity insurance policy or policies taken out by ZIPPRO MEIJER plus the excess that is not at the expense of the insurers under the terms of the insurance policy. Information concerning this professional indemnity insurance policy will be made available upon written request.
In connection with its services, ZIPPRO MEIJER is authorized to use the services of third parties. If ZIPPRO MEIJER instructs a third party for the performance of the instruction, it will not be liable for an error that is made by this person. By giving an instruction to ZIPPRO MEIJER, the client grants ZIPPRO MEIJER the authority to accept limitation of liability by an unaffiliated person on behalf of the client.
The client shall indemnify ZIPPRO MEIJER against and hold it harmless from all claims of third parties connected in any way with the activities performed for the client. The client shall compensate ZIPPRO MEIJER for reasonable costs in connection with such claims.
All rights of legal action and other powers of the client towards ZIPPRO MEIJER shall lapse (“vervallen”) upon expiry of a one year term after the date on which the client has become aware of – or could reasonably have been aware of—the existence of such rights and powers.
Services are in principle invoiced to client on a monthly basis. The term of payment will be 14 days after the invoice date. Payment must be made in the manner stated in the invoice. The client waives the right to appeal for a setoff or deferral of payment. If payment is not made, the client will be in default by operation of law and will owe default interest at a rate equal to the statutory commercial interest rate under Section 119(a) of Book 6 of the Civil Code. The costs of collection measures will be charged to the client, with a minimum charge of 15% of the outstanding balance.
ZIPPRO MEIJER will at all times be entitled to demand from the client one or more advance payments prior to or in order to continue its provision of services, which advance payments will be deducted from the amount due. If such advance payment is not made, ZIPPRO MEIJER will be authorized, after prior notification, not to commence, to suspend or to cease its activities. Unless explicitly agreed otherwise, the advance payment will be deducted from the final amount invoiced in the applicable case. ZIPPRO MEIJER will also be entitled to set off the advance payment against any other unpaid invoice amounts for that case or for any other of the client’s cases.
On every assignment between ZIPPRO MEIJER and her clients, the complaints procedure “Kantoorklachtenregeling ZIPPRO MEIJER” is applicable. This complaints procedure is posted on ZIPPRO MEIJER’s website: www.zippromeijercitteur.com and will be provided upon request.
The legal relationship and the services rendered by ZIPPRO MEIJER will be governed exclusively by Dutch law. Disputes arising from or related to this legal relationship and/or services will be exclusively resolved by the Amsterdam court, without prejudice to the authority of the Netherlands Bar Association.