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- Buma | Algera Notariaat B.V. is a private company with limited liability with the purpose to exercise the notarial practice of the law as well as offering notarial-legal advice. The company has its offices in Amsterdam. Upon request a list can be sent of the individuals who have shares in Buma | Algera Notariaat B.V. who can be termed ‘partners.’
- These general conditions apply to all assignments Buma | Algera Notariaat B.V. accepts, possible continuation of assignments and all other work.
- All assignments are only accepted and executed by Buma | Algera Notariaat B.V. in accordance with art. 7:404 BW and art. 7:407 lid 2 BW, also if the (implied) intention is that the assignment will be carried out by a specific person.
- Absence of dissension when accepting a prepared (concept) deed, implies acknowledgement of continuation of the assignment.
- 1. Unless otherwise agreed in writing, the honorarium will be determined according to the hours worked multiplied by the applicable rate Buma | Algera Notariaat B.V. determines periodically. 2. The separate costs made by Buma | Algera Notariaat B.V. specifically for the client (including, but not limited to, general office costs, such as post, telephone, fax and copy costs) will be invoiced separately. 3. Payment of invoices should be paid within fourteen (14) days of the date of the invoice, unless otherwise stated in the agreement. If the invoice is not paid within this period then the client is deemed negligent and legally owes interest over the delay in accordance with 6:119a BW. Should measures need to be taken due to the negligence of the client, then all costs incurred are the responsibility of the client.
- Every liability within Buma | Algera Notariaat B.V. will not exceed the amount stated in the professional practices insurance for that specific situation, multiplied with the own risk that the insurance does not cover, in accordance with the conditions of the policy.
- If for any reason the intended professional practices insurance is not paid out, then the relevant liability is limited to three times the amount Buma | Algera Notariaat B.V. received as honorarium for the assignment. The limiting or excluding liability mentioned in this article, is not relevant should the damage be a result of a conscious recklessness or deliberate deficiency by Buma | Algera Notariaat B.V.
- Should Buma | Algera Notariaat B.V. choose to involve a third party, where possible this will be done in consultation with the client and with careful consideration. Buma | Algera Notariaat B.V. is not responsible for any deficiency of this third party. The client empowers Buma | Algera Notariaat B.V. to negotiate on his behalf with possible third parties regarding limited liability.
- Execution of the given assignment is for the benefit of the client only. Third parties have no rights to the content of the work performed.
- Should the client wish to share the content of the work performed by Buma | Algera Notariaat B.V. with a third party, then the client is obliged to inform the third party on behalf of Buma | Algera Notariaat B.V. that the general conditions apply to the work executed. Should the third party make use of the content of this work in any way, then the third party is bound by the content of 2 in these general conditions.
- 1. Should the client or third party have complaints about the execution of the assignment, they are obliged to inform Buma | Algera Notariaat B.V. of this within two months of discovering the deficiency in writing, as long as the deficiency could be reasonably discovered, with explanation, if this is not done he may make no claim that the assignment has been executed carelessly or with deficiencies. 2. All legal claims and objections from the client, based on facts that supports the case and give justification that the assignment was executed carelessly or with deficiencies, expires one year (1) after the agreement notice period as stated in point 1. 3. The client is obliged to safeguard Buma | Algera Notariaat B.V. against all liability from third parties and to reimburse reasonable costs made by Buma | Algera Notariaat B.V. in defence of such claims.
- The general conditions are also negotiated on behalf of all those who execute assignments on behalf of Buma | Algera Notariaat B.V.
- These conditions have been translated into English. Should there be a discrepancy between this text and the original Dutch text, the Dutch text is binding.
- Agreements between the client and Buma | Algera Notariaat B.V. are subject to Dutch law. Possible disputes will be settled exclusively by an authorised judge in Amsterdam.
- These general conditions have been deposited at the register of the Court of Amsterdam and can also be consulted on www.banotariaat.nl January 2010 Buma | Algera Notariaat B.V.