1. These general conditions apply to all services that De Brauw Blackstone Westbroek N.V. has been requested to provide (opdrachten). Persons who are authorised by De Brauw to accept a request for services on its behalf are referred to in these conditions as “partners”.
2. Requests for services are deemed to have been directed to De Brauw only and not to any individual person associated with De Brauw. This includes any request for services to be performed by a specific person associated with De Brauw. The application of sections 7:404 and 7:407(2) Dutch Civil Code is excluded. “Person associated with De Brauw” means: any employee, advisor, partner, member of the FlexPool, subsidiary or shareholder of De Brauw.
3. If an event occurs in providing services that could lead to any liability on De Brauw’s part, that liability will be limited to the amount that is paid out in that specific case under De Brauw’s professional indemnity insurance, increased by the applicable deductible (eigen risico).
4. If De Brauw is liable for damage to persons or property, that liability will be limited to the amount paid out in that specific case under De Brauw’s commercial general liability insurance (AVB), increased by the applicable deductible.
5. If for any reason none of these insurance policies entitle De Brauw to any payment, De Brauw’s liability will be limited to a maximum of EUR 5,000,000.
6. Claims for compensation of damage will expire one year after the date on which the client became aware of the damage and De Brauw’s liability.
7. If De Brauw involves a person not associated with De Brauw in connection with its services for a client, De Brauw will not be liable to the client for any error or omission (fout) made by that person. By requesting De Brauw to provide services, the client gives De Brauw authority to accept a limitation of liability stipulated by that person on behalf of the client.
8. These general conditions may be relied on by De Brauw and by any persons associated or formerly associated with De Brauw and their legal successors.
9. In providing services for clients, De Brauw and Stichting Beheer Derdengelden De Brauw Blackstone Westbroek may receive funds from clients or third parties. De Brauw and Stichting Beheer Derdengelden De Brauw Blackstone Westbroek will deposit these funds with a bank chosen by De Brauw in consultation with the parties involved. De Brauw and Stichting Beheer Derdengelden De Brauw Blackstone Westbroek will not be liable if the bank chosen fails to fulfil its obligations.
10. Under applicable legislation – including the Dutch Act on the Prevention of Money Laundering and Terrorist Financing – De Brauw is obliged to verify the identity of its clients and report unusual transactions to the authorities in certain circumstances.
11. Dutch law governs the legal relationship between De Brauw and its clients. Any disputes between De Brauw and a client will be exclusively resolved in the first instance by the District Court of Amsterdam, the Netherlands.
13. The following additional conditions apply to notarial consumer transactions:
Liability of civil law notaries
Liability of civil law notaries is limited to the amount covered by the professional liability insurance, increased by any applicable deductible. The Professional and Conduct Rules set out minimum standards that the insurance must meet.
Information on cost of services
a. Civil law notaries will provide clear and timely information on the cost of their services.
b. Civil law notaries will give timely notice to a client if they intend to charge more for his/ her services than agreed.
c. Civil law notaries may not charge their services to a different matter, a different submatter, or a person other than the client.
Disputes are resolved exclusively by the courts in the Netherlands or the Consumer Complaints Board (Geschillencommissie).
Professional and conduct rules
Civil law notaries will comply with all current professional and conduct rules.
These rules are explained (in Dutch only) in the brochure ‘Spelregels voor notaris en consument’, which can be found on the website of the Royal Dutch Association of Civil Law Notaries (KNB). A copy will be made available on request.
Amsterdam, May 2015.