Kloes Kock & Partners is a partnership (‘maatschap’) consisting of practice corporations (‘naamloze vennotschappen’), whose objective is the exercise of the legal profession. It has itself assisted in this matter by persons that are employed by it, and who are used by it to carry out the assignments.
These General Terms & Conditions are also applicable to supplementary assignments and follow-up assignments of clients. They are worded in the Dutch and the English language. In the event of a dispute on contents or purport of these Terms & Conditions, the Dutch text shall be binding.
Any and all assignments given to it shall be considered by Kloes Kock & Partners as exclusively given to Kloes Kock & Partners, also if it is explicitly or tacitly the intention that an assignment will be carried out by a specific person.
Unless it arises otherwise from the nature of the assignment, the client shall be responsible for the correctness, completeness and reliability of the information and documents provided to Kloes Kock & Partners, also if they were obtained through or from third parties.
Kloes Kock & Partners keeps a file concerning the assignment containing copies of relevant documents, which is the property of Kloes Kock & Partners.
Unless any regulation obligates Kloes Kock & Partners to this effect, Kloes Kock & Partners and the staff members used by it undertake to observe secrecy towards third parties as regards confidential information obtained from the client.
In the event that after the start of the activities, but before the completion thereof, rate-influencing factors such as salaries and/or prices undergo a change, Kloes Kock & Partners shall have the right to adjust the rate agreed on accordingly. The fee is exclusive of expenses of Kloes Kock & Partners and exclusive of bills of third parties called in by it.
Payment of invoices shall take place without deduction, reduction or setoff within 21 days after date of invoice. In the event the client fails to pay also after demand, a statutory default interest of 2% per month will be charged as well.
Kloes Kock & Partners reserves the right to require from the client that he promptly provides (supplementary) security in a form to be determined by Kloes Kock & Partners and/or that he pays an advance. If client fails to provide the security required, Kloes Kock & Partners shall have the right to suspend the further execution of the assignment at once, and the amount the client owes on whatever account shall be due and payable at once.
Upon termination of the agreement, each of the parties shall promptly hand the other party any and all goods, items and documents being in its possession that belong to this other party.
Should an event occur, during the execution of an assignment of a client (including an omission), that leads to liability, this liability shall be restricted to the amount the professional liability insurance taken out by Kloes Kock & Partners entitles to, including the deductible it has to pay itself in connection with this insurance.
Kloes Kock & Partners does not accept any liability for loss of cash moneys of third parties in consequence of robbery or embezzlement during the custody or the transportation thereof.
If third parties that are called in in connection with the execution of the assignment wish to limit their liability, then Kloes Kock & Partners will reserve the right towards its client to accept this limitation on the client’s behalf.
Kloes Kock & Partners Advocaten does not accept any liability for mistakes made by third parties called in by Kloes Kock & Partners in connection with the activities.
Aruban law shall apply to the legal relationship between Kloes Kock & Partners and it clients, and exclusively the Court of First Instance of Aruba shall be competent to take cognizance of a dispute that might arise between Kloes Kock & Partners and a client.