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1013 NJ Amsterdam
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General terms and conditions of Notariskantoor Van Zaane
 

General terms and conditions of Notariskantoor Van Zaane

Article 1
J.W. van Zaane Notarispraktijk B.V. is a private limited company with the object of notarial practice, and to give juridical advice.

J.W. van Zaane Notarispraktijk B.V. herein after also to be called: Notariskantoor Van Zaane

Article 2
These General Terms and Conditions shall apply to all legal relationships in which Notariskantoor Van Zaane acts a (potential) contractor and/or provider of services, or performs other activities. The General Terms and Conditions shall apply not only to Notariskantoor Van Zaane but also to  all other persons in the employment of Notariskantoor Van Zaane, all persons engaged by Notariskantoor Van Zaane in the execution of any engagement, and all persons for whose actions Notariskantoor Van Zaane might be liable, or any heirs of all of the aforesaid persons.

Article 3
All engagements shall be deemed to have been exclusively awarded and accepted by Notariskantoor Van Zaane, even if it is explicitly or tacitly intended that an engagement be executed by some specific person. The operation of Section 7:404 of the Dutch Civil Code, which provides for this case, and of Section 7:407, sub-section 2 of the Dutch Civil Code, which creates a several liability in a case where two or more persons have been awarded an engagement, is fully excluded.

Article 4
The uncontested receipt of any (draft) deed drawn up by Notariskantoor Van Zaane shall imply acknowledgement of having awarded the engagement.

Article 5
If the engagement is awarded by several persons, each of them shall be severally liable for the costs (fee and any out-of-pocket expenses) owing to the civil law notary under the engagement. If the engagement is awarded by any natural person on behalf of any legal entity, such natural person, if he can be regarded as a (co)policy-maker of such legal entity, shall also be the Client. In the event of non-payment by the legal entity, such natural person shall therefore be personally liable for payment of the bill, irrespective of whether such bill is made out in the name of any legal entity, whether or not at the Client's request, or in the name of the Client as a natural person.

Article 6
1. In the execution of any engagement awarded to Notariskantoor Van Zaane, Notariskantoor Van Zaane will have itself assisted by persons in the employment of Notariskantoor Van Zaane and/or persons engaged by Notariskantoor Van Zaane for the execution of any engagement. Notariskantoor Van Zaane shall be free to cause to be performed by employees of Notariskantoor Van Zaane to be designated by the same, under its responsibility, any engagements and work awarded to it, with third parties engaged as and when occasion requires.
2. If Notariskantoor Van Zaane calls in any third parties, i.e. parties not in Notariskantoor Van Zaane's employment, it shall consult in advance with the Client as much as possible and in any event exercise due care in the selection of third parties. Notariskantoor Van Zaane shall not be liable for any faults of any third parties. Notariskantoor Van Zaane shall be authorized to accept on the Client's behalf any limitations of liability of third parties.


 

Article 7
1. Unless there are, under the regulations of the Royal Notarial Professional Organisation (Koninklijke Notariële Beoepsorganisatie, 'KNB'), compulsory rules relating to the amount of the fee to be charged, the fee shall, unless otherwise agreed, be computed on the basis of the number of hours worked, multiplied by the hourly rate annually set by Notariskantoor Van Zaane.
2. The expenses paid by Notariskantoor Van Zaane on the Client's behalf (including general office expenses such as postage, telephone, fax and copying expenses and such) shall be charged separately.
3. Unless otherwise agreed or stated, bills must be paid within fourteen (14) days of the invoice date. If this term is exceeded, the Client shall be in default and the statutory interest charge for late payment specified in Section 6:199a of the Dutch Civil Code shall be due. In the event of collection measures being taken against the defaulting Client, the expenses incurred by the collection shall be chargeable to the Client.

Article 8
1. The liability of Notariskantoor Van Zaane shall be limited to the amount paid out under the professional liability insurance taken out by Notariskantoor Van Zaane, increased by the amount of the deductible. The total of such amounts shall be limited to a maximum of € 25,000,000.00 per event per civil law notary per year and an annual maximum of € 50,000,000.00 per civil law notary per insurance year; additionally, the general terms and conditions drawn up by KNB for the professional liability of civil law notaries are declared applicable as well.
2. If for any reason whatsoever there is no insurance payment as referred to in this Article, the liability of Notariskantoor van Zaane to Clients shall be limited to three times the fee charged by Notariskantoor Van Zaane in connection with the engagement concerned.

Article 9
1. In case the Client or any third party is dissatisfied with the execution of the engagement, he shall give Notariskantoor Van Zaane notice in writing, stating reasons, within two months following discovery of the imperfection or at any rate following the time the imperfection could reasonably have been discovered. In default, the Client or third party can no longer plead that the engagement was executed carelessly or imperfectly.
On our servcies are applicable the "complaints and disputes committee notaryship (klachten- en geschillenregeling notariaat). See also: www.knb.nl and www.degeschillencommissie.nl .
2. All legal claims and defences of the Client based on facts allegedly justifying the argument that the engagement was executed without due care or imperfectly shall become prescribed by the lapse of one (1) year following the notice given in accordance with paragraph 1.
3. The Client shall be obligated to indemnify Notariskantoor Van Zaane against any claims of third parties and pay Notariskantoor Van Zaane any reasonable costs of defending such claims.

Artikel 10
Notariskantoor Van Zaane will observe the regulations ensuing from the (Netherlands) Act on the prevention of money laundering and terrorist financing (WWFT). In accordance with the WWFT, civil law notaries have a duty to report to the National Criminal Investigation Service, Financial Intelligence Unit - The Netherlands, in case they are asked to provide a service which is presumed to be related to money laundering and/or terrorist financing. Under the WWFT, the client may not be informed about the fact that this is reported.

Article 11
The legal relationship between Notariskantoor Van Zaane and the Client shall be exclusively governed by Dutch law. Any disputes shall be exclusively decides by a Dutch Court of competent jurisdiction, with due consideration of which is mentioned in article 9 clause 1 last sentence.

Article 12
By awarding the engagement, the Client declares he accepts these General Terms and Conditions.
Filed with the registry of the District Court in Amsterdam