General Conditions Salvador-Ingelse
When engaging third parties Salvador-Ingelse will, if this is reasonably practicable, consult in advance with the client, and will take due care in the selection of third parties. Salvador-Ingelse is not liable for shortcomings of these third parties. The client agrees that Salvador Ingelse accepts clauses limiting liability of third parties on behalf of client.
For the observation of the practice, Salvador-Ingelse works together with the lawyer, Mr. W. de Vilder, who works at Keulers and Partners in Beek, t +31464373838, firstname.lastname@example.org, www.keulersadvocaten.nl. Should Salvador-Ingelse drop out for whatever reason and his practice or part of it must be observed, the client can turn to mr. De Vilder.
Any claim by the client or by a third party expires if it is not written and substantiated to Salvador-Ingelse within one year after the client, the third party respectively, was or could reasonably be aware of the facts on which he/she bases the claim.
The agreement between the client and Salvador-Ingelse is governed by Dutch law.
Salvador-Ingelse is subject to the Code of Conduct and regulations of the Dutch Bar Association. These rules can be found at www.advocatenorde.nl/wetenregelgeving/vademecum.asp (in Dutch).
If possible, Salvador-Ingelse provides legal assistance on the basis of subsidized legal aid. The right to subsidized legal aid depends on income and assets (see www.rechtsbijstand.nl) of the client. Salvador-Ingelse can request subsidized legal aid for the client at the ‘Raad voor Rechtsbijstand’ (Dutch legal aid board). When accepted ‘de Raad voor Rechtsbijstand’ will pay (part of the) attorneys costs. This aid will only be assigned when the clients income is below a certain amount. The client should know that:
If no subsidized legal aid is obtained, or subsidized aid has been withdrawn, Salvador-Ingelse will charge the hourly rate of € 195 (excl. VAT). If these costs have to be borne by a private person (who cannot settle VAT and also cannot deduct costs from turnover), Salvador-Ingelse is willing to work at an hourly rate of € 155 (excl. 21% VAT). Services are charged monthly and according to the hourly rate.
Payments to Salvador-Ingelse must be made to NL55 TRIO 0198 5495 12 in the name of Salvador-Ingelse in Maastricht (the Netherlands), within seven days after the invoice date. After the expiry of the payment date the client is legally in default and interest will be due, based on Articles 6:119 BW, or – in a trade agreement – Article 6:119a BW.
Possible bailiff’s cost (e.g. for serving a writ of summons) and court registration fees (for a procedure before the tribunal or the court) will be charged in advance. Salvador-Ingelse may only start a procedure after bailiff’s costs and court fees are paid in advance.
Salvador-Ingelse may, before beginning or continuing to work for the client, request to receive a depository advance payment, due by the client. The deposit serves as security for financial obligations towards Salvador-Ingelse and will be refunded or compensated with a final payment. Salvador-Ingelse has the right to settle the depository payment with any outstanding invoices.
The client should take into account and accepts that, if a procedure is necessary, the costs of a procedure – although the adversary party may be ordered to pay the procedural costs – are often not reimbursed completely. Also, success is not guaranteed, appeal may be possible, and a possible loss can lead to an order to pay the procedural costs of the adversary party. See for the registration fees: http://www.rechtspraak.nl/Procedures/Tarieven-griffierecht/Pages/Griffierecht-bij-de-rechtbank.aspx. See for the amount of procedural costs that may eventually be due to the adversary party in civil procedures: http://www.rechtspraak.nl/Procedures/Landelijke-regelingen/Sector-civiel-recht/Pages/Liquidatietarief-rechtbanken-en-gerechtshoven.aspx.
Payments our law firm may receive on behalf of the client are managed in the trust account (‘Stichting Beheer Derdengelden Salvador-Ingelse’) under account number NL61 TRIO 0784 8403 93. The client agrees in advance that any invoices that are due and any costs that the client may have incurred for the services of Salvador-Ingelse and eventual third parties in the clients case, due to Salvador-Ingelse, may be settled with any amounts received on behalf of the client in the trust account and be paid from the trust account to the account of Salvador-Ingelse.
Both the client and Salvador-Ingelse may terminate the contract by written notice to the other. In both cases, Salvador-Ingelse has the right to retain the clients file until the client has fully met its payment obligations.
At the request of the client Salvador-Ingelse may send documents and any judicial documents in the case-file. If a successor presents himself or asks to provide the case-file, Salvador-Ingelse will not have any substantive discussions on the case with the client. Salvador-Ingelse can agree with the successor that the client pays any outstanding invoices before transmission of the file, or that the successor commits to have the client pay any outstanding invoices.
Salvador-Ingelse will archive the case-file upon termination of its activities for the client. Salvador-Ingelse reserves the right, subject to statutory regulations, to destroy the clients file, without further notice after a period of five years after the termination of the assignment. In this five-year period the file can be retrieved from the archive, for which an amount of € 50 will be charged.
29 December 2021