All instructions are accepted and carried out by the law firm SPIEGELER Attorneys at Law, pursuant to a contract for professional services (“overeenkomst van opdracht”). This also applies in the event a client requests, explicitly or implicitly, that an instruction is carried out by a specific person at SPIEGELER Attorneys at Law.
The provisions of articles 7:404 and 7:407 paragraph 2 of the Netherlands Civil Code, which imposes joint and several liability where an instruction is given to two or more persons, shall not be applicable.
SPIEGELER Attorneys at Law shall carry out any instruction with due care, to the best of its knowledge, skills and abilities.
In acting upon an instruction, SPIEGELER Attorneys at Law is authorised to call upon the assistance and engage the services of third parties such as attorneys, bailiffs, foreign lawyers and other Dutch or foreign service providers and advisors.
If, in the context of carrying out an instruction, an event leads to the liability of SPIEGELER Attorneys at Law, then such liability shall be limited to the amount(s) as covered by a professional liability insurance as may be taken out by SPIEGELER Attorneys at Law, including the deductible, which SPIEGELER Attorneys at Law may carry in connection with the insurance. If, within one year upon awareness of the event having lead to liability, the client has not started a claim against SPIEGELER Attorneys at Law, SPIEGELER Attorneys at Law cannot be held liable any longer.
If, for whatever reason, no amount shall be paid by a professional liability insurance as described under section 5 above, the liability of SPIEGELER Attorneys at Law shall be limited to an amount equal to three times the invoiced amount for the specific matter having lead to liability, up to a maximum of EUR 10,000 (ten thousand Euros).
If, in the context of carrying out an instruction, third parties have been involved, SPIEGELER Attorneys at Law shall not be held liable for duties performed or not performed by said third parties.
SPIEGELER Attorneys at Law cannot guarantee the means of communication between SPIEGELER Attorneys at Law and the client or third parties. Therefore, the means of communication between SPIEGELER Attorneys at Law and the client or third parties, including electronic correspondence (e-mails), shall be for the risk and account of the client.
In respect of any instruction given by the client to SPIEGELER Attorneys at Law, the general conditions of the client shall not be applicable.
The relationship between SPIEGELER Attorneys at Law and a client shall be governed by Dutch law. Disputes shall be exclusively submitted to the competent court in The Hague, the Netherlands.
SPIEGELER ADVOCATEN B.V. is a law firm organised as a limited liability company (besloten vennootschap).