General Terms and Conditions

1. These General Terms and Conditions govern all work performed or to be performed by Brackmann B.V. and all legal relationships between Brackmann B.V. and third parties.

2. All instructions are deemed to have been given exclusively to and accepted by Brackmann B.V.

3. Any and all liability of Brackmann B.V. in respect of work performed or to be performed by Brackmann B.V. or otherwise relating to instructions given to Brackmann B.V. will be limited to the amount which in the matter concerned may be claimed under the professional liability insurance policy or policies taken out by Brackmann B.V., increased by the amount of the excess which under the terms of the insurance policy or policies is payable by Brackmann B.V.

4. Brackmann B.V.’s liability for damage or injury to any person or property caused by or incurred in connection with the performance of the work will be limited to the amount which in the matter concerned may be claimed under the general corporate liability insurance taken out by Brackmann B.V., increased by the amount of the excess which under the terms of the insurance policy or policies is payable by Brackmann B.V.

5. If the nature of the instructions given by the client require Brackmann B.V. to engage the services of third parties, Brackmann B.V. will – to the extent possible – consult with the client beforehand and will in any event exercise due care in the selection of such third parties. Brackmann B.V. will not be liable for any faults or shortcomings of such third parties in the performance of their services. Brackmann B.V. has the right to accept on behalf of the client any limitations of liability stipulated by such third parties.

6. Save in the event of wilful default or gross negligence on the part of Brackmann B.V., the client will indemnify, safeguard and hold Brackmann B.V. harmless from any and all claims, demands and actions at any time made or brought by a third party against Brackmann B.V. and which arise directly or indirectly from or in connection with the work or services performed or to be performed for the client by Brackmann B.V. or otherwise relate to the instructions given by the client to Brackmann B.V., including any loss and/or damage, costs and expenses Brackmann B.V. suffers or incurs in connection with such claim, demand or action.

7. Unless otherwise agreed, the client will pay to Brackmann B.V. a fee that is calculated on the basis of the number of hours worked multiplied by the applicable hourly rate according to the scale of fees as from time to time set by Brackmann B.V. and agreed on upon receipt of the instructions. The agreed hourly rate will be increased annually on 1 January. In addition to the fee, the client is to reimburse Brackmann B.V. for the costs incurred by Brackmann B.V. on the client’s behalf or in relation to the case in question, such as travelling expenses, fixed fees charged by judicial authorities and bailiff’s costs. VAT is payable on all amounts due.

8. Bills of Brackmann B.V. are to be paid within fourteen (14) days of the billing date. Brackmann B.V. reserves the right to charge interest at the statutory rate on overdue amounts as from the fifteenth (15th) day of the billing date. All debt collection costs are to be paid by the client.

9. The legal relationship between Brackmann B.V. and the client or a third party will be governed by and construed in accordance with Dutch law. All disputes arising from or in connection with this legal relationship and the work performed by or the instructions given to Brackmann B.V. will be settled by submitting such dispute to the exclusive jurisdiction of the competent court in Rotterdam, the Netherlands.

10. Brackmann B.V. operates an internal complaints handling process. A free copy of the document holding the handling process can be sent to you on demand. The internal complaints handling process stipulates amongst others that complaints can be filed and submitted by the internal complaints functionary of Brackmann B.V.