Article 1
Van Kuijk Cetinkaya Ahmad Advocaten B.V. is a private limited company with limited liability and is registered in the trade register (number 73277207) at the Chamber of Commerce in The Hague.
Article 2
These General Conditions are applicable to all activities by the lawyers, who are connected to Van Kuijk Cetinkaya Ahmad Advocaten B.V., carrying out an assignment by a third party. Applicability of the client’s General Conditions will expressly be denied.
Article 3
The contract of assignment is supposed to be handed to Van Kuijk Cetinkaya Ahmad Advocaten B.V. This is also the case when an affiliated lawyer, connected with Van Kuijk Cetinkaya Ahmad Advocaten B.V. is working on the assignment. Van Kuijk Cetinkaya Ahmad Advocaten B.V.’s lawyers are supposed to only work on the assignment on behalf of Van Kuijk Cetinkaya Ahmad Advocaten B.V.
Article 4
Articles 7:404 and 7:407 (2) of the Dutch Civil Code are expressly not applicable to Van Kuijk Cetinkaya Ahmad Advocaten B.V.’s service.
Article 5
- In case of an unforeseen occurrence, while executing a contract of assignment, which leads to any form of liability, this liability will be limited to the amounts indicated by our professional liability insurance plus the costs of the obligatory excess.
- In case the professional liability insurance does not cover the cost, Van Kuijk Cetinkaya Ahmad Advocaten B.V. and other connected lawyer’s liability will be limited to the lawyer’s fee in the specific case, with a maximum of € 10.000,00.
Article 6
When working an assignment and a third party needs to be addressed, Van Kuijk Cetinkaya Ahmad B.V. and affiliated lawyers can not be held responsible for shortcomings by this third party in any way or form.
Article 7
Subject to the provisions of article 6:89 of the Dutch Civil Code any claim against Van Kuijk Cetinkaya Ahmad Advocaten B.V. and its affiliated lawyers will expire twelve months after the injurious event has been discovered or should have reasonbly been discovered.
Article 8
Van Kuijk Cetinkaya Ahmad Advocaten B.V. is be entitled to stop all work in case a declaration has not entirely been paid within the period provided. The case will be continued as soon as the declaration plus legal interest and costs have been fulfilled.
Article 9
Unless otherwise agreed in writing, declarations should be paid within 14 days of invoice. If a declaration has not been paid in time, Van Kuijk Cetinkaya Ahmed Advocaten B.V. is entitled, without prior notice, to charge legal interest and a contractual penalty, which is estimated to be 15% of amount that is owed, with a minimum of € 50,00.
Article 10
Unless otherwise agreed in writing, all work by Van Kuijk Cetinkaya Ahmad Advocaten B.V. is performed at hourly rate. Van Kuijk Cetinkaya Ahmad Advocaten B.V. is entitled to ask for an advance. The hourly rate agreed upon can be changed during the execution of the assignment.
Article 11
- When Van Kuijk Cetinkaya Ahmad Advocaten B.V. is being paid for a case on behalf of a client, payment will only be done by bank transfer via the Foundation Third-Party management KCA Advocaten, unless otherwise agreed upon with the client in writing.
- If declarations or other costs have not been paid, Van Kuijk Cetinkaya Ahmad Advocaten B.V. is entitled to offset these costs with received payments to Third-party management KCA Advocaten without the client’s permission.
Article 12
- The office complaints settlement is applicable to all closed assignments by Van Kuijk Cetinkaya Ahmad Advocaten B.V. The office complaint settlement will be sent to the client along with the agreement of assignment and can be read at: https://kca-advocaten.nl/terms-and-conditions/?lang=en.
- In case of a dispute, both parties will strive to achieve a shared solution. If this fails, the complaint can be presented to the Court of The Hague, according to art 4 lid 3 of the office complaints settlement.
Article 13
In case of a dispute about the text of these general articles, the Dutch text is binding.
Article 14
Only Dutch law is applicable to the legal relationship between the client en Van Kuijk Cetinkaya Ahmad Advocaten B.V.
These general conditions have been deposited to the Court of The Hague under number 36/2019.