General terms and conditions Gimbrere Advocaten, S.L.
1. Gimbrère Advocaten S.L. is a Spanish Limited Company (Sociedad Limitada) which consists of legal persons and private persons. A list of the partners is available on request.
2. These General Terms and Conditions extend both to the partners (as well as the administrators in the case that the partners are legal persons) and to the other persons working for Gimbrère Advocaten, S.L.
3. All assignments will exclusively be accepted and executed by Gimbrère Advocaten, S.L., with the exclusion of the articles 7:404, 7:407.2 and 7:409 of the Dutch Civil Code.
4. Gimbrère Advocaten, S.L. is insured against professional liability. Liabilities are limited until the amount that in the concerning case will be paid under the insurance in reference to the professional liability contracted by Gimbrère Advocaten, S.L., increased with the amount of the excess under this insurance. In the case that, for whatever reason, there is no payment by the insurance, liability is limited until the invoiced fees in the case concerned.
5. Gimbrère Advocaten, S.L., when contracting the services of third persons (like foreign lawyers, damage-experts, tax advisers and accountants, with the exception of bailiffs and Court Agents), will, whenever possible, previously consult this with the client. Gimbrère Advocaten, S.L. can not be held liable for failures or imperfections by all contracted third persons and has the right, without any previous consultation with the instructing party to accept a possible restriction of liability of the contracted third person on behalf of the instructing party (and on their behalf).
6. All claims against Gimbrère Advocaten, S.L. will expire in the case that these have not been filed in written and motivated within the period of one year after the instructing party was known with or could reasonably be known with the facts on which his claim is based.
7. The instructing party protects Gimbrère Advocaten, S.L. against any claims from third parties and is obligated to indemnify Gimbrère Advocaten, S.L. with the reasonable costs of defence against such claims.
8. Gimbrère Advocaten, S.L. has the right to initiate or continue its professional activity only after the instructing party has previously paid a by Gimbrère Advocaten, S.L. reasonably determined provision of funds.
9. The hourly rate of Gimbrère International Advocaten will be determined in advance. A 6% of the fees will be invoiced for the coverage of unspecified office disbursements like paper, messenger services, telephone and facsimile costs, copy costs, and costs in reference to the execution of regulations from the Dutch Law Association/Law Association Barcelona. The fees and disbursements are increased with VAT
Further it is important to emphasize the fact that the fees in the case of legal proceedings and similar activities before the Spanish Legal Authorities will at any time and at least be determined on the basis of the by the Spanish Lawyers Association indicated applicable amount.
10. Invoices from Gimbrère Advocaten, S.L. have to be paid within a period of 14 days, in failure of which the instructing party is held in omission without any previous order of payment, and interest for delay is due, which is equal to a 2%/month. In the case that the instructing party is in omission of payment, Gimbrère Advocaten, S.L. has the right to suspend its professional activities. In the case the instructing party within a period of 14 days after urgent request, does not pay the invoice, extra-judicial recovery costs are due according to the official recovery fee by the Dutch Bar Association, with a minimum of €100, 00.
11. Gimbrère Advocaten, S.L., will file closed files during a period of five years. After this period, files will be destroyed.
12. On the legal relation between Gimbrère Advocaten, S.L. and the instructing party exclusively Dutch law is applicable. With the exclusion of the legitimate competent judge, the Court in Breda has jurisdiction in conflicts arising from an agreement of assignment to Gimbrère Advocaten, S.L. and any related agreements.