1.1 SUMMIT Straf- en Sanctierecht Advocaten (“SUMMIT”) is a partnership of natural persons, registered with the Chamber of Commerce under number 60512350.
1.2 “The client” is any (natural and/or legal) person for whom or on whose instructions SUMMIT performs work.
1.3 “Fee” is understood to mean: the financial compensation (time-related or otherwise) and disbursements (see below) agreed between SUMMIT and the client for the performance of the work commissioned.
1.4 Disbursements shall be understood to mean the costs incurred by SUMMIT in the performance of the engagement.
2.1 These General Terms and Conditions shall apply to any and all agreements for legal assistance concluded between persons working at/for or connected to SUMMIT and the client, unless otherwise agreed in writing prior to the conclusion of an agreement. The applicability of the General Terms and Conditions used by the client is explicitly rejected within the meaning of Section 6:225(3) of the Dutch Civil Code. These General Terms and Conditions shall also apply to any additional or follow-up assignments given to SUMMIT by the client.
2.2 The legal relationship between SUMMIT and the client shall be governed by Dutch law. Only a Dutch court of law shall be competent to adjudicate any dispute which may arise between SUMMIT and the client.
2.3 SUMMIT has a complaints procedure. This is mentioned on the website (www.summitadvocaten.nl).
2.4 The Dutch text of these General Terms and Conditions prevails over any translation thereof.
3.1 An assignment shall not come into being until it has been accepted by SUMMIT in writing. With regard to the conclusion of an assignment, SUMMIT may only be represented by lawyers associated with the firm.
3.2 Any assignment given to SUMMIT shall be deemed to have been given to SUMMIT as a partnership, even if it is the explicit or tacit intention that an assignment is to be carried out by a particular lawyer. It is assumed that the client consents to SUMMIT having the instruction carried out under its responsibility by the firm or, if necessary, by third parties instructed by SUMMIT. The applicability of Sections 7:404 and 7:407(2) of the Dutch Civil Code is expressly excluded. SUMMIT shall be entitled to accept any limitations of liability of third parties on behalf of the client.
4.1 Any and all liability shall be limited to the amount paid out in the relevant case by the firm’s professional liability insurance, increased by the amount of the deductible applicable under the insurance policy. If – for any reason whatsoever – no payment is made pursuant to the aforementioned insurance, all liability shall be limited to the amount of the fee due and paid by the client to the firm in respect of the engagement concerned.
4.2 In the event that, as a result of or in connection with the performance of an assignment, damage is caused to a client or otherwise, for which SUMMIT is liable, such liability shall at all times be limited to the amount or amounts which the general liability insurance taken out by SUMMIT gives entitlement to in the matter concerned, including any excess borne by SUMMIT in connection with such insurance.
4.3 When engaging the services of third parties the firm shall always exercise due care. However, SUMMIT shall never be liable for any attributable failure to perform on the part of such third parties.
4.4 Except in the case of intent or wilful recklessness on the part of SUMMIT the client shall indemnify SUMMIT against any and all third party claims, including any costs to be incurred by SUMMIT in connection therewith, in any way connected with work performed by SUMMIT for the client.
4.5 Any and all rights of action and/or other powers of the client towards Summit shall in any case lapse as soon as a period of one year has elapsed since the day on which the client became aware or could reasonably have become aware of the existence of such rights and/or other powers.
4.6 Instructions shall be carried out exclusively on behalf of the client. Third parties cannot derive any rights from the content of the work performed.