LexQuire LLP is a Limited Liability Partnership incorporated under the laws of the United Kingdom, having its registered office in Wales (the United Kingdom) but having as its business address [the Netherlands] (6199 AE) Maastricht, Amerikalaan 70 D. LexQuire LLP has as its objects to operate a law and consultancy practice as lawyers, tax lawyers and civillaw notaries. As part of its operations, LexQuire LLP may be assisted by one or more persons whose services it engages for the performance of its contract. The members of LexQuire LLP are referred to as “partners” in accordance with international standard usage.
These general terms and conditions apply to each contract and each supplemental, amended or subsequent contract awarded to LexQuire LLP, except insofar agreed to otherwise in writing at the formation of the contract.
3. LexQuire LLP is the sole contracting party with the client. This is also the case if it is the expressed or implied intention that a specific individual carries out the contracted work. Each contract is exclusively accepted and performed by LexQuire LLP. The applicability of article 7:404 of the Dutch Civil Code providing rules for an individual contemplated in a contract to carry out the work and of article 7:407(2) of the Dutch Civil Code creating joint and several liability in case two or more individuals are awarded a contract is explicitly excluded.
The location where the contract is performed is Maastricht – Airport [the Netherlands], Heerlen [the Netherlands], Düsseldorf (Germany) or a combination thereof and may only be changed in writing in consultation with the client.
The client irrevocably agrees to LexQuire LLP to engage the services of a third party for the performance of the contract. To that end, LexQuire LLP will consult with the client as much as possible unless engaging the services of a third party does not permit any delay. On engaging the services of a third party, LexQuire LLP will always exercise due care. LexQuire LLP has the right and is irrevocably authorized to accept on behalf of the client any liability restrictions of such a third party. LexQuire LLP is not liable for any action or omission on the part of such third party.
LexQuire LLP is not responsible for any unsecure electronic communication and it is not responsible either for any interception, manipulation, infection, delay or erroneous sending or forwarding of any electronic communication, including if caused by a virus or a spam filter.
Any liability on the part of LexQuire LLP is restricted to the amount paid out in the relevant matter under the professional liability insurance policy taken out by LexQuire LLP plus the amount of the excess borne by LexQuire LLP in connection with that insurance. If for whatever reason payment under this insurance does not take place, any liability is restricted to twice the amount in fees charged by LexQuire LLP in the relevant matter in the relevant calendar year.
Any right of action and any other right the client may have, on whatever grounds, in respect to LexQuire LLP in connection with the performance of the work carried out by LexQuire LLP are extinguished, in any event, one (1) year after the time on which the client becomes aware or could have become aware, on reasonable grounds, of the existence of such rights. In all other cases, a right of action or any other right is extinguished for a period of two (2) years after execution of the contracted work by LexQuire LLP.
Except in the event of wilful misconduct or gross negligence on the part of LexQuire LLP, the client indemnifies and compensates LexQuire LLP against and for any claim, action for liability, cause of action, or a combination thereof, a third party may have or institute against LexQuire LLP ensuing directly or indirectly from or related to any work or service carried out
or to be carried out by LexQuire LLP for the client or which is otherwise related to the contract the client awarded to LexQuire LLP, including any loss or damage, costs and expenses LexQuire LLP incurs in connection with such claim, action or cause of action.
For the performance of the contract, the client must pay LexQuire LLP a fee plus disbursements (i.e. bailiff’s costs, court registry fees and such like) office expenses and VAT. The location where payment is effected is Maastricht [the Netherlands], Heerlen [the Netherlands], Düsseldorf (Germany) or a combination thereof. Effective on the first day of each new year, the hourly rate is increased. If the performance of a contract extends to a longer period than one (1) month, an interim invoice may be sent for the work carried out so far. LexQuire LLP has the right to demand from the client an advance payment. Payment of an invoice from LexQuire LLP must be made within a period of ten (10) days starting on the day after the invoice date, without suspension or setoff. If payment is overdue, the client is in default by operation of law and the client must pay default interest equal to the statutory interest or the statutory commercial interest, as the case may be.
If LexQuire LLP institutes legal proceedings against the client who is in default, the extrajudicial collection costs are at the expense of the client. The extrajudicial costs are set at 15% of the principal sum, at a minimum, plus disbursements.
Under relevant legislation, including the [Dutch] Money Laundering and Terrorist Financing (Prevention) Act, hereinafter referred to by its Dutch acronym Wwft, a law implementing the Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, LexQuire LLP is required under certain circumstances to (i) establish the identity of the client and that of the ultimate beneficiary or beneficiaries and (ii) to report to the authorities any unusual transactions as defined in the Wwft. Under the Wwft, LexQuire LLP is prohibited from notifying the client that it has been reported to the authorities.
LexQuire LLP has an internal complaints procedure for the benefit of clients in accordance with the requirements included in the Legal Profession Regulations of the Dutch Bar Association. In addition to this, any dispute or complaint that may arise from the formation of the contract or the performance of the contract, or both of them, including any disputes regarding invoices, are to be adjudicated by the court for the Limburg District, hearing location Maastricht, unless parties have agreed to otherwise in writing.
To the exclusion of any other law, the laws of the Netherlands and in particular the provisions of the Dutch Civil Code apply to any contract to provide services or otherwise between LexQuire LLP and the client as well as to any rights and obligations ensuing from these contracts. The competent court in the first instance is always the court for the Limburg District, hearing location Maastricht.
Notwithstanding the right of a client to institute legal proceedings before the court for the Limburg District, hearing location Maastricht, the complaints procedure and the dispute settlement rules of the relevant professional organisations apply to the services provided by a lawyer, rechtsanwalt, tax lawyer and civil-law notary; please visit for additional information www.advocatenorde.nl, www.gesetze-im-interne.de, www.rb.nl and www.knb.nl.
The terms and conditions included in these general terms and conditions have also been made and stipulated for the benefit of the partners of LexQuire LLP and for any person currently and formerly associated with LexQuire LLP in their capacity of a staff member, consultant, Counsel, third-party contractor or in any other capacity.
A third party is not permitted to derive any rights from a legal relationship or a service provided by LexQuire LLP, unless explicitly agreed otherwise in writing.
The general terms and conditions are drafted in the Dutch, English and German language. If there is a difference or contradiction between the Dutch, English and German text of these general terms and conditions, or the interpretation thereof, the general terms and conditions drafted in the Dutch language prevail.
These General Terms and Conditions were drafted on 20 February 2017 in Maastricht and filed with the court for the Limburg District, hearing location Maastricht.