Van den Heuvel Juristen is the sole proprietorship of mr. drs. G.H.A. (Alex) van
These general conditions apply to all commissions (in the broadest sense) given to Van den
Heuvel Juristen, therein in any case included, although not exclusively, every
follow-up commission, modified commission and additional commission.
All commissions are considered to be exclusively given to and accepted by Van den Heuvel
Juristen. The effects of articles 404 and 407(2) of Civil Code Book 7 are
expressly ruled out.
All commissions are performed exclusively for the benefit of the principal/customer. Third
parties cannot claim rights to the activities performed and results thereof.
Van den Heuvel Juristen performs its work activities on the basis of an hourly rate of
€125, excluding 6% office costs, excluding 21% VAT, except in cases of different written
agreements. Van den Heuvel Juristen can modify the hourly rate annually (per 1
January of the relevant year).
Disbursements (including, but not exhaustively, court fees, bailiff fees and costs for extracts
of official certificates) do not fall under the hourly rate and will be billed separately.
At all times can an advance be requested to be paid for the activities to be performed. The
paid advance shall be deducted from the end sum.
Payment of the bill must be done within fourteen days of the date of invoice, without
deductions, adjustments or postponements. In case this payment period is exceeded, this will
constitute an omission or undue delay upon which Van den Heuvel Juristen will
have the right to cease its work activities. Van den Heuvel Juristen is not liable for
the (possible) damage that is or will be caused as a direct or indirect result of this.
In case Van den Heuvel Juristen, in connection with aforementioned nonpayment, takes legal recovery action, the legal and extra-legal costs related to these
measures will billed to the principal/customer. These costs are 20% of the unpaid sum, with a
minimum of €150. Van den Heuvel Juristen maintains the right to bill the real
costs, in case these are higher than aforesaid.
Possible complaints about the invoice for the activities that the invoice relates to, should be
made known in writing within 30 days of the invoice date to Van den Heuvel
Juristen, in the absence of which the principal/customer is considered to
acknowledge the correctness of the owed sum mentioned on the invoice.
Van den Heuvel Juristen shall take the necessary precaution when seeking the
assistance of third parties. The costs of these third parties will be born by the
principal/customer, unless otherwise agreed in writing. Any liability for shortcomings of these
third parties is ruled out.
In case in the performance of a commission an event – among which an omission is included
– takes place that leads to liability, that acliability will be limited to the amount or the amounts
that can be claimed under the liability insurance of Van den Heuvel Juristen, including
the ‘own risk’ which Van den Heuvel Juristen carries thereunder. In case damage
is caused to persons or goods by or in connection with the performance of a commission, that
liability will be limited to the amount or amounts claimable under the liability insurance of Van
den Heuvel Juristen. If, for whatever reason, no payment under the professional
or liability insurance takes place, the liability of Van den Heuvel Juristen towards the principal/customer will be limited to the fee that is billed in connection with the relevant
commission, with a maximum of €15,000 and against third parties limited to €2,000.
In so far as persons, who are hired in connection with the performance of commissions of the
principal/customer, seek to limit their liability regarding these works, it is stipulated that all
commissions given to Van den Heuvel Juristen contain the authority of Van den
Heuvel Juristen to accept such liability limitations also for the principal/customer.
Any own liability of Van den Heuvel Juristen for shortcomings of these hired
persons is ruled out.
All rights to claims or other privileges against on whatever ground against Van den Heuvel
Juristen expire in any case one year after the moment that the principal/customer
and/or third parties became aware or could have reasonably become aware of the existence
of these rights or privileges.
After finalisation of the commission, Van den Heuvel Juristen will archive the file.
The file will be kept in archive for the period of (at least) five years. After expiration of this
period the file can be destroyed, without further notice of this to the principal/customer.
Not only Van den Heuvel Juristen, but also all persons involved in the
performance of any commission of a principal/customer, can invoke these general conditions.
Dutch law rules the legal relation between Van den Heuvel Juristen and her
principals/customers. Only the Dutch court has jurisdiction regarding any dispute between
Van den Heuvel Juristen and a principal/customer.