General terms and Conditions
These General Terms and Conditions apply to all work carried out by Gielink Pensioenrecht.
General Terms and Conditions of Gielink Pensioenrecht B.V.
Gielink Pensioenrecht is the trading name of Gielink Pensioenrecht B.V. (hereafter: GPR BV), a private limited company under Dutch law engaged in practising the professions of pensions lawyer and tax adviser.
- These terms & conditions apply to all work and follow-up work carried out by GPR BV and to the legal relations resulting from or associated with this work. Any departures from these terms & conditions are only binding on GPR BV if they have been expressly agreed and documented in writing.
- Any instructions are deemed to have been exclusively issued to and accepted by GPR BV. Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code, which impose several liability in cases in which the instruction is issued to two or more natural persons/legal entities with a view to a certain natural person/legal entity are expressly excluded.
- If and to the extent deemed necessary, GPR BV is entitled to involve third parties in performing the work. The client authorises GPR BV to accept any terms & conditions of such third parties, such as the limitation of liability, on behalf of the client in these cases.
- Het door GPR BV aan opdrachtgever in rekening te brengen honorarium zal, tenzij vooraf uitdrukkelijk anders is overeengekomen, worden berekend op basis van het aantal gewerkte uren vermenigvuldigd met de door GPR BV vast te stellen (en eventueel periodiek aan te passen) uurtarieven.
- Unless specifically agreed otherwise in advance, the fee GPR BV charges the client will be calculated on the basis of the number of hours worked multiplied by the hourly rates set (and periodically changed) by GPR BV.
- Any third-party costs GPR BV pays on behalf of the client (including but not limited to court fees, bailiff’s fees, fees for extracts from registers, translation costs, courier costs, etc.) are charged to the client separately based on the actual costs incurred.
- Where required, VAT will be added to all invoice amounts at the rate applicable at the time. If it becomes apparent at any time in the future that GPR BV erroneously did not charge VAT, the client will be required to pay the tax at that time.
- The term within which the client must pay GPR BV’s invoices is 14 days. After this period statutory interest as applicable to commercial transactions will be payable. If the client fails to pay even after receiving the first payment reminder the client must also pay a contribution to the collection costs consisting of 15% of the invoice amount, without prejudice to GPR BV’s right to charge on actual incurred legal and extrajudicial collection costs.
- Any liability associated with the work carried out by GPR BV (liability resulting from an attributable shortcoming as well as liability resulting from an unlawful act) is limited to the amount of the professional indemnity insurance policy GPR BV has with AON Risk Services (insured amount: €1,000,000) plus the applicable insurance excess (€2,000).
- If and to the extent that no payment is made under the professional indemnity insurance policy referred to in article 9, any liability is limited to the amount of the fee charged by GPR BV in respect of the work in question, to a maximum of €50,000.
- In the event that damages are incurred to persons or items in the realisation of the work, and GPR BV is liable for these damages, this liability is limited to the amount GPR BV receives under its business liability insurance policy.
- GPR BV does not accept any liability for shortcomings on the part of third parties engaged by it, on the understanding that GPR BV will forward any damages it receives from the third party in question to the client.
- Third parties cannot derive any rights from the performed work and the results of the work. The client consequently indemnifies GPR BV against any such claims from any third parties.
- Any claim the client may have against GPR BV expires if the client in question has not brought legal action against GPR BV within six months after the date on which the client became aware of (or could reasonably be expected to have become aware of) the facts on which this claim is based.
- >Not only GPR BV, but also all other natural persons/legal entities who are involved in this work, as well as their legal successors by universal title, can invoke these general terms & conditions.
- Pursuant to legal obligations GPR BV may be bound to provide information about the client or about the client’s transactions to third parties without being permitted to notify the client. The client is aware of these obligations and accepts the fact that GPR BV will comply with them.
- Dutch law applies to the legal relationship between GPR BV and the client. The court in Den Bosch is the only court competent to hear any dispute between GPR BV and one of its clients.
