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GENERAL
CONDITIONS Download in PDF. 1. GENERAL a. These conditions apply to all offers, instructions and agreements of Legal Consultancy Hakort & Partners v.o.f. and its operating companies, hereafter referred to as HAKORT. By giving an instruction the client accepts these conditions, which are registered with the District Court of Utrecht and available on request. b. HAKORT aims at collecting claims of clients, giving advice about payment and delivery conditions, credit control and legal problems by orders and at the expenses of these clients. 2. DEBT COLLECTION a. In a debt collection instruction HAKORT is authorized, without the preceding permission of the client, to reach a settlement with the debtor and to lend him full discharge, if at least 80% of the capital sum of the presented claim has been settled. b. Claims that are presented for debt collection remain the client?s property. c. The client shall make all the required documents and other relevant information available to HAKORT and vouch for their correctness. Herewith the instruction is considered to have been given. We confirm the instruction. The client may grant a power of attorney for the debt collection. d. HAKORT commences its activities within two working days after receipt of the instruction and shall send the client interim reports about the course of events, unless agreed otherwise. e. The client may claim the payments for the principal sums and interests that HAKORT has received, reduced by the fees owed to HAKORT. These fees are proportionally deducted from the repayments, unless agreed otherwise. The money belonging to the client is immediately paid into his bank or Postbank account after administrative processing. f. The fees charged by HAKORT are recovered from to the debtor as much as possible. g. From the date of instruction the claims that are paid to client directly or via a third party are considered to be debt collection results of HAKORT and charged as such. Client must immediately report above-mentioned payments to HAKORT. h. Items and/or services that are delivered by the debtor, or offered by the customer in compensation of the claim, as well as discounts or items taken in return, are also considered to be payment. For the latter the originally invoiced value applies. For these the originally invoiced value applies. i. Legal procedures are not instituted until after consultation with and consent of the client. j. A debt collection instruction is terminated, when:
3. RATES The rates are as follows: a. For advice about delivery and payment conditions, credit control and legal problems, per instruction according to agreement. b. Debt collection instructions are carried out on a no cure, no pay basis as far as the fee is concerned. Calculation of the fee for debt collections in the Netherlands according to the rate of the Dutch National Bar; in other countries according to agreement. c. Besides this the office expenses are charged as specified in the price list, to be paid upon entering into the agreement. d. Expenses of legal procedures, such as expenses for bailiffs, lawyers and summons are charged on to the client. This also applies to credit information that is sought before any legal procedure is instituted. e. For all fees the applicable VAT rate applies. 4. LIABILITY a. We execute our activities in good faith and cannot be held liable for any consequences caused by faulty decisions of whomever. b. We are authorized to correct errors, if we can prove that prices and/or conditions mentioned in the quotation or offer deviate from what we usually offer our clients. c. Upon request HAKORT hands over any received documents to the client after settlement of the debt collection instructions. 5. PAYMENTS a. Invoices from HAKORT must have been settled within 14 days of date of invoice. After this term an interest of 1.5% per month (or part thereof) is charged. b. In case of default in making payments, the expenses for legal and extrajudicial debt collection are at the expenses of the client in default. 6. COMPLAINTS Disagreements about presented invoices must be reported to HAKORT within 8 days, by registered letter. However, this does not discharge the client from his obligation to pay. 7. FORCE MAJEURE Neither party is held to observe an agreement, if it is prevented as a result of circumstances that cannot be blamed on its guilt and that are not at its expenses, neither by virtue of the law or juristic act, nor in the generally accepted practice. If activities have already been carried out and/or expenses have been incurred, these will be charged on. 8. DISSOLUTION Should one of the parties request for a moratorium of payment or go bankrupt, the other party is authorized to declare the agreement(s) made dissolved or, to its discretion, to suspend observation of its obligations, by registered letter. Any amounts owed to the party that is authorized to dissolve, are immediately claimable as from that moment. 9. APPLICABLE LAW a. Any agreements to which these General Conditions apply, are governed by Dutch Law. Any disputes will exclusively be submitted to the judgement of the authorized Court within the district of Utrecht. b. Application of the Vienna Sales Convention 1980 (CISG) is excluded. NOVEMBER 1,2000 |