GENERAL TERMS & CONDITIONS
of Lewandowski Advocatenkantoor B.V.
1. Lewandowski Advocatenkantoor B.V., also trading under the name LEWANDOWSKI.LAW, hereinafter „LA”, is a Dutch private limited liability company whose object is the practice of law, in the broadest sense of the word.
2. All assignments shall, to the exclusion of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code, be accepted and carried out exclusively by LA, even if it is the express or tacit intention that an assignment be carried out by a specific person.
3. Any liability of LA is limited to the amount paid out in the case in question under its professional liability insurance policy, plus the excess applicable to LA in the case in question under its insurance policy.
4. When engaging the services of third parties, LA shall, as far as possible, consult with the client concerned in advance and shall in any event exercise due care when selecting third parties. LA is not liable for any shortcomings of these third parties. If third parties engaged by LA limit their liability when accepting the assignment, LA shall be entitled to accept such limitation of liability, to the extent necessary on behalf of the client.
5. The performance of the assignment given shall be exclusively for the benefit of the client. Third parties may not derive any rights from the content of the work performed (e.g. advice).
6. If the client discloses the contents of the work performed by LA to third parties, the client is obliged to inform such third party that the work was performed under the applicability of these general conditions. If a third party makes any use whatsoever of the contents of the work, such third party shall be bound by the contents of these general conditions.
7. All clauses in these general conditions are also made for the benefit of all persons engaged by LA in the performance of an assignment.
8. When giving an assignment to LA, the client accepts that LA may change its rates periodically, inter alia based on wage and price developments as well as, inter alia: experience, specialization, and traineeship of its employees and/or third party engaged.
9. These General Terms and Conditions shall also apply to additional assignments and follow-up assignments from clients and legal entities providing an assignment in which the client has co-control, either by capital holding and/or based on personal ties and/or influence.
10. These general terms and conditions are drafted in Dutch, English, and Polish language. In case of a dispute about the content or meaning of these general terms and conditions, the Dutch text shall be binding.
11. LA invoices monthly, with a payment term of 14 days. Should the nature and scope of the work or the client's situation warrant it, LA reserves the right to request an advance payment for (further) work. If payment is not made within the stipulated period, the client shall be in default, without further notice of default being required, and shall owe default interest in the amount of 2% of the principal amount due per month, with part of a month being counted as full month, calculated from the date on which the invoice amount became due and payable until the date of payment in full. The client shall also be liable for contractual extrajudicial collection costs amounting to 15% of the principal invoice amount, but not less than EUR 175 net per overdue invoice plus interest for late payment of 2% per month of part of a month, calculated from the eight (8th) day after the first reminder date until the date of payment in full. In the event of non-payment or late payment of invoices, whether or not they relate to the case in hand, LA shall be entitled to suspend or terminate the work, without prejudice to the client's obligation to pay any outstanding invoices already issued, or still to be issued.
12. The agreement between the client and LA is governed by Dutch law. All assignments given to LA are subject to LA's Office Complaints Procedure. This regulation can be consulted at https://www.adwokat.nl/nl/klachtenregeling/. If a dispute falls outside the scope of the Office Complaints Procedure, the competent court in Amsterdam shall have exclusive jurisdiction to hear any dispute between the client and LA, on the understanding that LA shall be entitled, notwithstanding this, to bring the dispute before the court with jurisdiction over the client.
13. LA has its registered office in Amsterdam and its principal place of business at Schiphol Rijk and is listed in the commercial register of the Amsterdam Chamber of Commerce under number 59122404.
14. The position of "attorney-in-fact" of the practice in connection with illness, emergencies or other instances of incapacity shall be filled by Mr. A.M. (Matthijs) Bos, Van der Steenhoven Advocaten N.V., Herengracht 582, 1017 CJ Amsterdam, tel. 020 607 79 79, e-mail: bos@vandersteenhoven.nl