Click here to read the General Conditions in Dutch.
1. These General Terms and Conditions apply to all assignments to De Brauw Blackstone Westbroek N.V. (“De Brauw”). Persons who are authorised by De Brauw to accept assignments on De Brauw’s behalf are hereinafter referred to as “partners”.
2. Any assignment by a client is given to De Brauw and not to any individual person associated with De Brauw. This includes any assignment from a client that is to be performed by a specific person associated with De Brauw. Sections 7:404 and 7:407 subsection 2 of the Dutch Civil Code (Burgerlijk Wetboek) are herewith excluded. “Person associated with De Brauw” is understood to mean any: employee, advisor, partner, subsidiary and shareholder of De Brauw.
3. If, in the course of an assignment, an event occurs that could lead to any liability on the part of De Brauw, such liability shall be limited to the amount that is paid out in that specific case under the professional indemnity insurance of De Brauw, increased by the amount of the applicable deductible (eigen risico).
4. If De Brauw is liable for damages to persons or property, such liability shall be limited to the amount paid out in that specific case under the general professional corporate liability insurance (AVB) of De Brauw, increased by the amount of the applicable deductible (eigen risico).
5. If, for whatever reason, no amount is paid out under either of the abovementioned insurances, the liability of De Brauw shall be limited to a maximum of EUR 5,000,000.
6. Claims for damages shall expire after a period of one year from the day following the day on which the client became aware of the damages and of De Brauw as the liable party.
7. If De Brauw engages a person not associated with De Brauw to perform an assignment from a client, De Brauw shall not be liable vis-à-vis the client for any error or omission (fout) made by such person. By instructing De Brauw, the client gives De Brauw authority to accept on behalf of the client a limitation of liability stipulated by such person.
8. These General Terms and Conditions may be relied on by De Brauw and each person associated with De Brauw, including but not limited to any legal successor under universal title of any person associated with De Brauw, any person formerly associated with De Brauw, and any legal successor under universal title of a person formerly associated with De Brauw.
9. In the performance of assignments received from clients, De Brauw and Stichting Beheer Derdengelden De Brauw Blackstone Westbroek may receive monies from clients or third parties. De Brauw and Stichting Beheer Derdengelden De Brauw Blackstone Westbroek shall deposit such monies with a bank chosen by De Brauw in consultation with interested parties. De Brauw and Stichting Beheer Derdengelden De Brauw Blackstone Westbroek shall not be liable if the bank chosen fails to fulfil its obligations.
10. Pursuant to applicable legislation (including the Act on the Prevention of Money Laundering and Terrorist Financing (Wet ter voorkoming van witwassen en financieren van terrorisme), De Brauw is obliged to verify the identity of its clients and to report certain unusual transactions to the authorities in certain circumstances. By instructing De Brauw, clients confirm that they are aware of this obligation and give their permission, insofar as this is required.
11. Dutch law shall govern the legal relationship between De Brauw and its clients. Any dispute between De Brauw and a client shall be resolved in the first instance exclusively by the District Court (rechtbank) of Amsterdam, the Netherlands.
These General Terms and Conditions are in both Dutch and English. In the event of any discrepancy between the Dutch and English versions, the Dutch version shall prevail.
De Brauw Blackstone Westbroek N.V. is located in Amsterdam and registered with the Trade Register under no. 27171912.