Terms and Conditions (unofficial translation)
Notariskantoor Grijmans Dierckxsens B.V.
All assignments accepted by and services offered by Notariskantoor Grijmans Dierckxsens B.V. are executed with due observance of the following general conditions.
Article 1
Organization office
All assignments are deemed, with the exclusion of articles 7: 404, 7: 407 paragraph 2 and 7: 409 Dutch Civil Code, to be exclusively accepted and executed by the office, even if the explicit or tacit intention is or has been, assignment is carried out by a specific person. Contracts are only executed by the office for the benefit of the client (hereinafter also referred to as "the client"). Third parties can not derive any rights from the content of the work, and more generally from the way in which the given instructions have been carried out. The client indemnifies the office against all claims from third parties that are in any way related to the execution of the assignment and reimburses the costs that the office has reasonably incurred in connection therewith.
The client agrees that the office has the assignment carried out by (candidate) notaries and / or other employees of the office it, or if necessary by third parties. The office will exercise due care when engaging third parties and will consult with the client in the choice of these third parties as far as reasonably possible. The engagement of third parties is always at the expense of the client. The office is never liable for shortcomings of the third parties engaged by it. The client authorizes the office to accept any liability limitations stipulated by third parties on behalf of the client.
Article 3
Consequences of commissioning. The fee
If an assignment is granted by more than one person, each of them is jointly and severally liable for paying the bill for the activities of the office. If the assignment is provided by a natural person on behalf of a legal person, the assignment is deemed to have been granted by the natural person.
The non-contradictory receipt of a draft deed drawn up on behalf of the office at the request of the client or a given personal advice or other work performed, implies the assignment to the office, in so far as the client has not already received an order confirmation from the office. The receipt by the office of a purchase agreement stipulating that the notary will execute the deed of transfer implies the assignment by the purchaser related to this. If the purchase agreement is dissolved or in another way does not result in the execution of a deed of transfer, the purchaser and the seller are obliged to pay the costs and to compensate the work that the office has had to do in the interest of each of them and to carry out the preparation for the transfer and cancellation of mortgages and liens.
The fee is fixed, unless otherwise agreed, on the basis of the hours spent on the assignment multiplied by the hourly rate applied by the office. The office is authorized to adjust the hourly rate annually per January. The office is authorized to require that an advance amount be paid before the work is commenced. The office is also authorized to proceed to sending interim invoices. The office is also authorized to settle the amount owed to it or to withhold it from an amount that must be paid to the client, for example on the basis of a sales proceeds, a deposit (whether or not under bank guarantee) or a deposit amount.
The office is also authorized to charge to the client for work that is performed without it ultimately leading to (the execution of) a notarial deed. The fee is then determined as determined above.
Payments must be done within fourteen days of the invoice date, unless otherwise agreed or otherwise stated by the office on or with the account. If this period is exceeded, the client is in default. The client will then owe default interest (equal to the statutory interest) and (extrajudicial) collection costs. The extrajudicial collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. If the client is a legal person or a natural person who acts in the exercise of his / her profession or business, then by way of extrajudicial collection costs, 15% of the outstanding claim will be charged, with a minimum of of two hundred and fifty euros (EUR 250.00).
A claim to the office due to the payment of money on the basis of a legal act included in a (notarial deed) can not be assigned or pledged. On the basis of the notarial professional rules and conduct rules, the firm pays only money to the party who acts as a party to the deed and / or can claim the payment based on the legal act included in a deed, except if these rules result otherwise.
The Law on the Prevention of Money Laundering and the Financing of Terrorism applies to the services provided by the office. In that context, the office is required, among other things: to carry out a "customer due diligence" in connection with the provision of services to the client, which includes, among other things, determining and verifying the identity; and without the knowledge of the parties involved in the assignment, to report to the Financial Intelligence Unit if an unusual situation or transaction occurs.
Article 4
Liability
Any liability is limited to the amount paid out in the relevant case by the professional liability insurance (s). If the client suffers damage that is not covered by the insurance, the liability is limited to the fee charged to the client for the performance of the assignment in question and paid by the client to the office. Any right to compensation shall lapse in any case twelve months after the event from which the liability arises directly or indirectly; this does not exclude the provisions of article 6:89 Dutch Civil Code. The liability limitation also applies if the office is held liable for damage that arises directly or indirectly from the improper functioning of the equipment, software, data files, registers or other items used by the office during the performance of the assignment, or in the event of a cyber incident. The liability limitation as mentioned above is made for the (candidate) civil-law notaries employed by the office and all other persons who work at for or on behalf of the office.
Article 5
Dispute arrangements
The KNB Complaints and Dispute Settlement Regulations of the KNB apply to the services provided by the office. See also www.knb.nl and www.degeschillencommissie.nl. The Disputes Committee for the Notarial Profession is only dealing with a complaint after the office complaints procedure has been completed.
Article 6
Applicable law Dutch law applies to services and liability
For settlement of disputes, only the Dutch District Court or the Disputes Committee for the Notarial profession is competent. The text of these general terms and conditions drawn up in the Dutch language prevails over the text of these general terms and conditions drawn up in the English language and / or any other language. The office is at all times entitled to change these general terms and conditions.
- These conditions (the original Dutch version) were registered with the Chamber of Commerce under number 27361846 on 16 September 2016.