General terms of Van Stratum lawyers

Section 1: Van Stratum lawyers
1.1
The contract of assignment is between the client and
mr. M. van Stratum trading under the name of
'Advocatenkantoor Van Stratum BV' (after this called: 'AvS').
AvS' goal is to exercise the practice of lawyer,
interpreted in the most broad way.

1.2
The general terms are applicable to all assignments as
well as all additional and /or following assignments
of AvS’ clients.

1.3
The conditions in these general terms are not solely
for AvS’ interest, but also for all other individuals who
either work for AvS or are liased to AvS for a specific
assignment as well as those who’s doing or not doing
could lead to AvS liability.

Section 2: The agreement
2.1
In every assignment AvS stands for the entity AvS,
even if it is clients’ explicit or implicit intention to have
the assignment carried out by a specific person.

2.2
The extension of section 404 in book 7 of the Civil Code,
facilitating the before mentioned case, as well as the
extension of section 407 in book 7 of the Civil Code in
which private liability is arranged in case two or more
people at the same time get assigned with the same
task, is excluded.

2.3
AvS can delegate any assignment to any staff member,
if considered relevant with hiring in third parties.
If necessary AvS can arrange for internal replacement
options for carrying out the assignment.

2.4
The client safeguards AvS, staff and all other assistants
against claims from third parties, who claim to have
suffered direct or indirect damage from actions by AvS
carried out in the line of the clients’ assignment, unless
the damage is a result from deliberate recklessness
by AvS.

Section 3: Liability
3.1
If the execution of an assignment by AvS leads to
liability, this liability will never exceed the coverage of
AvS’ relevant professional liability insurance concerning
this specific assignment.

3.2
If, for whatever reason the section 3.1 insurance refuses
to pay, any liability is limited to € 5,000 or, in case the
invoiced (and actually paid for) lawyers’ fees in the
particular case exceed € 5,000, the amount invoiced
and paid for, but never exceeding € 10,000.

3.3
The execution of an assignment is exclusively on behalf
of the client. Third parties are not allowed to claim or
use the content to their benefit.

Section 4: Associate third parties
4.1
The selecting of third parties will, when possible, take
place in co-operation with the client and will be carried
out as cautious as possible. AvS accepts no liability for
failure of these third parties, except for deliberate
damage or damage for what AvS is to blame.

4.2
If these third parties wish to limit the liability connected
to a specific clients’ case , AVS considers and, if necessary,
confirms that all the cases assigned to the office by that
particular client include the authority to accept liability
limitations like that in the clients’ name.

Section 5: Lawyers' fees and disbursements
5.1
The costs of executing the assignment by AvS include
both the factual lawyers’ fees and the so called
disbursements.

5.2
Unless both parties have explicitly agreed different, or
unless out of the nature of the case follows different, the
lawyers’ fees are the multiplication result of the time spent
on the case and the relevant hourly rate. The lawyers’ fees
are raised with the VAT expenses AvS pays on behalf of
third parties. These expenses are separately invoiced.

An additional 8% of the lawyers’ fees will be charged to
cover all general office costs. This is not just the costs
of paper, postage & packing, telephone, fax, copy-, and
e-mail expenses, but also all costs related to serviceability
and the costs related to the administration regulations of
the Class of Lawyers.

5.3
The hourly rate is based on the periodical basic hourly rate,
multiplied with a factor that depends on the case’s financial
impact and its degree of urgency.

5.4
AvS is entitled to alter the actual basis hourly rate as well
as the current travel expenses compensation for travelling
by car or train. If an alteration like that implicates a raise
of > 10%, or when a raise like that goes into effect less
that 3 months after the contract was signed, the client
is entitled to undo the agreement.

This right to undo expires the 15th day after the date of
the first invoice sent to the client, after the raise of the
basic hourly rate and / or the mentioned travel expenses.

5.5
The disbursements consist of the real costs, related to
the assignment and paid for by AvS on behalf of the client.
(like clerk costs, bailiff costs, costs for extracts).
Beside that the disbursements consist of the office
expenses as described under 5.2.

5.6
Every AvS invoice is due for payment within a fortnight,
without suspension or compensation. Except for immediate
objection in writing by the client, both AvS and the AvS’
foundation for third parties’ funds, are entitled to
compensate received funds with whatever this client
owes AvS.

5.7
AvS can demand a down payment before commencing with
the assigned tasks. A down payment will be compensated
with the eventual invoice at the end of the case.

5.8
All (extra)judicial costs related to the recovery of invoices
(with a minimum of the amount that the recovery is about)
are due by the client. Costs for witnesses at discharge,
experts and translators are due for the client, unless
these expenses are covered by the authorities.

5.9
The judicial costs are not limited to the trial expenses,
but are completely due for the client when he (mainly)
lost his case.

Section 6: Filing
6.1
The dossier on every case will be filed by AvS’ lawyers
for at least 5 years, after which it will be destroyed.

Section 7: Various issues
7.1
All legal relations between the client and AvS are subject
to Dutch law.

7.2
Differences will be decided on by the court of law in the
district where AvS resides. Nevertheless AvS is entitled to
propound the difference to the competent judge of the
clients’ district.