General Terms & Conditions
Sterc lawyers is a private limited company that also does business as ‘Sterc employment lawyers’ (Sterc arbeidsrecht advocaten), to be referred to below as ‘Sterc’. Sterc’ object is to conduct a law practice, in the broadest sense of the term. Sterc has its registered office in Amsterdam, the Netherlands, and is registered in the Trade Register of the Chamber of Commerce of Amsterdam under number 57870349. The names of the partners will be provided upon request in writing.
These General Terms and Conditions govern all assignments, including supplementary and/or follow-up assignments, that are given to Sterc, its partners or its employees. The applicability of any other general terms and conditions is explicitly excluded.
All assignments are deemed to be given to and accepted by Sterc, to the exclusion of the provisions contained in Articles 7:404 and 7:407(2) of the Dutch Civil Code (Burgerlijk Wetboek), even if an assignment is explicitly or tacitly given with the intention of having it carried out by a particular person.
The assignments that have been granted will be carried out exclusively for the benefit of the principal (i.e. the client). Third parties cannot derive any rights from the work performed or from its results.
Any liability on the part of Sterc is limited to the amount that is paid out in respect of the matter in question by Sterc’ professional liability insurance, plus the amount of the insurance excess that applies under the professional liability insurance policy. Information with respect to the policy conditions will be provided upon request in writing. If and insofar as no benefits are paid out under that insurance policy for any reason whatsoever, the liability will be limited to the fee charged in connection with carrying out the assignment in question, subject to a maximum of EUR 10,000. Any and all claims brought against Sterc by principals or by third parties will lapse after a term of one year has passed since the client or the third party became aware, or reasonably could have become aware, of the existence of the claims in question.
Sterc is entitled to engage third parties when carrying out an assignment; Sterc will exercise all due care when doing so. Sterc will consult with the client in advance to every extent reasonably possible regarding the engagement of such third parties. Any and all liability on the part of Sterc for any breach committed by third parties that have been engaged is excluded. Insofar as third parties limit their liability for professional errors Sterc will be entitled to accept such a limitation of liability, also on behalf of the client.
In addition to Sterc, any and all persons who are engaged in connection with carrying out any assignment will be entitled to invoke these General Terms and Conditions, regardless of whether they still work for Sterc.
The client indemnifies Sterc against any and all claims brought by third parties and will reimburse Sterc for any and all costs that are reasonably incurred in connection with putting forward a defence against such claims.
Sterc will be entitled to request the client to pay a retainer, in consultation with the client. The work to be performed for the principal will commence after the retainer has been received. The amount of the retainer will depend on the specific circumstances underlying the assignment and will be deducted from in the final fee statement.
Fee statements must be paid within the term indicated in the fee statement. If payment is not received within the term indicated the client will be in default without any further notice of default being required, and Sterc will be entitled to charge statutory interest.
The agreement governed by these General Terms and Conditions is governed exclusively by Dutch law. The District Court of Amsterdam has exclusive jurisdiction in respect of any and all disputes that ensue from such an agreement and these General Terms and Conditions.
For the treatment of complaints Sterc has a dispute resolution procedure. The procedure is available on and will be sent upon request. Complaints which are not resolved after treatment in accordance with the dispute resolution procedure may be submitted to the Disputes Committee Advocacy (‘Geschillencommissie Advocatuur’).
These General Terms and Conditions have been filed with the Chamber of Commerce of Amsterdam and are available at www.sterc-advocaten.nl. A copy of these General Terms and Conditions will be sent upon request.