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1. These conditions apply to all services performed by or on behalf of the partnership (maatschap) Schutte Heide-Jørgensen and its partners, unless otherwise agreed in writing with the principal.
2. The person who instructs Schutte Heide-Jørgensen either on his own behalf, as a client, or on behalf of a third party, who is the client, is the principal. The principal who is not himself the client warrants that the client will abide by all duties that apply to the principal by virtue of his agreement with Schutte Heide-Jørgensen. Unless otherwise agreed in writing, Schutte Heide-Jørgensen may consider a principal who has given instructions on behalf of a third party, as an agent who acts on his own behalf for the benefit of the client (lasthebber op eigen naam).
3. Schutte Heide-Jørgensen will charge fees for its services as agreed with the principal. If there is no explicit or not yet an explicit agreement, the hourly tariff that Schutte Heide-Jørgensen usually applies to similar matters, taking into consideration the client's circumstances, will apply. Schutte Heide-Jørgensen's tariffs are excluding VAT and other eventual taxes due in or outside The Netherlands and excluding office and third parties' expenses.
4. Unless otherwise agreed in writing, Schutte Heide-Jørgensen can increase the applicable tariff every 1st of January of the following calendar year up to the inflation percentage for consumers (consumentenprijsindex (CPI)) determined by the Dutch State agency Statistics Netherlands (Centraal Bureau voor de Statistiek) rounded off to a multiple of € 5.
5. If the principal does not or not timely pay an invoice of Schutte Heide-Jørgensen, Schutte HeideJørgensen will be entitled in connection to the due receivables to the statutory commercial interests (wettelijke handelsrente) as of the day the invoice expired, as well as to a debt collection fee of 15% with a minimum of € 500 and a maximum of € 10,000, without prejudice to Schutte HeideJørgensen's further statutory rights.
6. Schutte Heide-Jørgensen has the right to require at any time and at its own discretion that an advance fee be paid before it will commence or continue performing its services.
7. Schutte Heide-Jørgensen will only be liable for damage to the extent that such damage was caused by itself or its employees and then only to the extent that such damage was the consequence of their wilful misconduct or gross negligence (opzet of grove schuld). Schutte Heide-Jørgensen will in no event be liable for damage caused by third parties, including agents (hulppersonen) or external advisers. Schutte Heide-Jørgensen's employees cannot be held liable directly, except in the event of wilful misconduct.
8. Without prejudice to these conditions, Schutte Heide-Jørgensen's liability is always restricted to direct damage caused to goods and people and to the maximum amount that will be paid under the professional and business liability insurances plus the applicable own risk amounts. The principal is entitled to inspect the insurance policies any time.
9. When performing its services, Schutte Heide-Jørgensen has a power of attorney to instruct on the principal's behalf third parties (such as bailiffs, couriers and external advisers) and to accept on the principal's behalf any liability restrictions and exonerations as well as eventual other conditions set by such third parties.
10. Schutte Heide-Jørgensen is entitled to amend these conditions any time. The principal will not be bound by such amendment only if he states in writing within four weeks of his knowing the amendment that he does not accept the amendment.
11. The legal relationship between the principal and Schutte Heide-Jørgensen will exclusively be governed by Dutch law and the courts in Amsterdam will have exclusive jurisdiction regarding any dispute that would arise from this relationship.
12. In the event that there should be any discrepancy between a Dutch legal term used in these conditions between brackets and the English translation, the Dutch legal term will prevail.
Amsterdam, October 2006 versie UK
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