General Terms Wenckebach

1. Wenckebach (Wenckebach) is a partnership (maatschap) incorporated under the laws of the Netherlands (maatschap) consisting of the limited liability companies Wenckebach Advocatuur B.V., Bax Advocatuur B.V., G. den Hertog B.V. and Le Haut B.V. (Partners), for the purpose of providing legal services.
2. These general terms and conditions apply to all assignments to Wenckebach, including supplemental and follow-up assignments. The applicability of any general terms and conditions of a client is explicitly rejected.
3. The provisions of these general terms and conditions are made not only for the benefit of Wenckebach, but also for all Partners, their directors and shareholders, all persons working for Wenckebach and all third parties engaged by Wenckebach to carry out an assignment. All assignments are deemed to be exclusively assigned to and accepted by Wenckebach only.
4. Any liability of Wenckebach is limited to the amount actually covered and paid out in that specific case under the professional indemnity insurance of Wenckebach, increased by the amount of the deductible (eigen risico). Any liability of the directors, shareholders and/or persons engaged by the Partners is explicitly excluded.
5. When engaging third parties, Wenckebach will exercise all due care in the selection of those third parties and will, to the extent possible only take place in close consultation with the client. Any liability for faults or omissions on the part of these third parties is excluded. If third parties use general terms and conditions, Wenckebach will be authorised by the client to accept these general terms and conditions and Wenckebach may rely on such general terms and conditions vis-à-vis the client.
6. Applicability of articles 7:404. 7:407 lid 2 and 7:409 Dutch Civil Code, is excluded. Partners, shareholders and directors of the Partners, persons working for Wenckebach and third parties engaged by Wenckebach to carry out an assignment are not personally bound by or liable for the assignment, even if the assignment was given to a particular individual.
7. All services are rendered solely and exclusively for the benefit of the client. Third parties cannot rely on or invoke rights in relation to (the results of) any assignment carried out.
8. In accordance with applicable regulations (including the Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financiering van terrorisme), Wenckebach is under the obligation to establish the identity of its clients and, under certain circumstances, to report unusual transactions to the authorities. By instructing Wenckebach, client confirms that it is aware of these obligations and, to the extent required, consents thereto.
9. Claims for compensation for loss or damages will expire one year after the date on which the client became aware of the loss or damage and Wenckebach’s liability for the damage or loss.
10. Terms defined in the General Data Protection Regulation (GDPR) have the same meaning in these general terms and conditions. The client shall indemnify Wenckebach and all persons affiliated with Wenckebach against any claims made by third parties and any other damage suffered by Wenckebach or a Person Affiliated with Wenckebach in connection with an alleged unlawful processing of personal data in the course of the engagement, to the extent that Wenckebach has received these personal data from the client or at the client’s instruction. Each of the parties shall inform the other without undue delay after having become aware of a personal data breach and/or an investigation of a supervisory authority in connection with personal data processed in the course of the engagement.
11. These general conditions (including the limitation of liability contained therein) may be relied on by Wenckebach and by any persons associated or formerly associated with Wenckebach and their legal successors.
12. The relationship between Wenckebach and the client is governed by the laws of the Netherlands. All disputes shall be exclusively submitted to the competent court in Haarlem (the Netherlands). Wenckebach has a complaints procedure for complaints regarding the assignment, the quality of service or the fees. The complaint procedure can be found on wenckebach.com.

These general terms and conditions are available in both the Dutch and English language. In the event of any dispute arising with respect to the contents or purport of these general terms and conditions, the Dutch language version shall prevail.