Treble B.V. (TREBLE) (Trade Register number 73946060) is a private limited liability company incorporated under Dutch law whose object is practising law.
These general terms and conditions apply to all services and/or work performed by or on behalf of TREBLE, including supplementary or follow-up assignments (together: Assignments) and shall also be stipulated for the benefit of any third party engaged by TREBLE, whether or not in the employment, in the performance of the Assignment. The applicability of any general terms and conditions of the client is hereby excluded.
All Assignments are deemed to have been exclusively given to and accepted and executed by TREBLE. This shall also apply if the client gives an assignment explicitly or tacitly with a view to execution by a specific person affiliated with TREBLE. An affiliated person shall in any case include any (current, former and future) employee, director or shareholder of TREBLE and anyone engaged by TREBLE in the performance of the Assignment. The applicability of Articles 7:404 and 7:407(2) of the Dutch Civil Code is excluded.
The performance of the Assignment shall be exclusively for the benefit of the client. The client may not pass on the result of the Assignment to third parties without the consent of TREBLE. These third parties may not derive any rights from this vis-à-vis TREBLE, and the client shall indemnify TREBLE in this respect against claims from third parties.
Any liability of TREBLE arising from or in connection with an Assignment shall be limited to the amount paid out under the professional liability insurance taken out by TREBLE in the case concerned, plus the amount of the deductible applicable under that insurance. If for any reason whatsoever no payment is made under such insurance, liability shall be limited to the fee, excluding VAT, paid by the client to TREBLE in respect of the relevant Assignment in the calendar year in which the liability arises. Liability for advice under legal systems other than Dutch law is excluded.
Without prejudice to the provisions elsewhere in these general terms and conditions, any liability for damage shall expire six months after the client has become aware of the damage and the liability of TREBLE for it.
If TREBLE engages third parties in the performance of the Assignment, TREBLE shall exercise due care and TREBLE shall consult with the client as much as possible in advance. TREBLE shall not be liable for shortcomings of third parties and shall be indemnified by the client against all claims of these third parties. The client authorises TREBLE to accept any limitations of liability of third parties on behalf of the client.
Unless otherwise agreed, TREBLE shall perform its work at a fee based on the hours worked and at the hourly rate regularly applied by TREBLE, which hourly rate shall be indexed annually. The work and expenses incurred by TREBLE for an Assignment shall be charged monthly with a term of payment of fourteen days. TREBLE shall be entitled to stipulate an advance payment and to suspend work until the advance payment has been made.
TREBLE has no foundation for the management of third party funds at its disposal and does not receive third party funds.
The complaints scheme of TREBLE (which complies with the regulations laid down in this respect under the Act on Advocates) shall apply to each Assignment. These regulations can be found at www.treble.legal.
These general terms and conditions have been drawn up in Dutch and English. In the event of a dispute about the content or purport of these general terms and conditions, the Dutch text shall be binding.
These general terms and conditions and the legal relationship between TREBLE and its clients are subject to Dutch law. Any dispute shall be exclusively submitted to the District Court of Oost-Brabant.