1. DLA Piper Nederland N.V. is a public limited company (naamloze vennootschap). A list of the company's shareholders is available on request.
  2. All assignments shall be accepted and performed exclusively by the public limited company DLA Piper Nederland N.V. for the benefit of the client, with Articles 7:404 and 7:407(2) of the Dutch Civil Code (Burgerlijk Wetboek) not applying. Third parties shall not derive any rights from the work performed or from the ensuing results.
  3. Unless expressly agreed otherwise, all assignments shall be performed on the basis of an hourly fee billed at the standard hourly rates of DLA Piper Nederland N.V. (plus a 4% charge to cover administration costs). The payment period for bills shall be fifteen days from the date of the bill. DLA Piper Nederland N.V. must be notified in writing of any complaint regarding a bill or the work to which it relates within thirty days of the date of the bill concerned. Should no complaint be made within that period, the client shall be deemed to have accepted that the bill is correct and that payment is due.
  4. DLA Piper Nederland N.V. shall exercise due diligence when engaging the services of third parties not employed within its own organisation (including procurators, foreign lawyers, accountants, loss adjusters, bailiffs, experts, advisors, or service providers). DLA Piper Nederland N.V. shall not be liable, however, for any errors or shortcomings on the part of such third parties.
  5. Any liability on the part of DLA Piper Nederland N.V. shall be limited to the amount paid out under the professional liability insurance policies taken out by DLA Piper Nederland N.V., plus the amount of any deductible ("own risk") sum, with the total of these amounts being limited to a maximum of EUR 2,000,000. Details of the said professional liability insurance policies are available on request.
  6. Should no insurance payment be made, for whatever reason, any liability on the part of DLA Piper Nederland N.V. vis-à-vis the client shall be limited to the amount of the fee charged by the public limited company in respect of the assignment concerned, subject to a maximum of EUR 500,000.
  7. Any claims asserted by the client shall lapse if they have not been submitted to DLA Piper Nederland N.V., in writing and accompanied by reasons, within three months of the date on which the client became aware, or could reasonably have become aware, of the facts on which its claim is based.
  8. The client shall indemnify DLA Piper Nederland N.V. vis-à-vis any claims asserted by third parties, and shall compensate DLA Piper Nederland N.V. for any reasonable costs incurred in order to defend itself against such claims.
  9. The applicability of any general terms and conditions referred to in documents originating from the client is hereby expressly excluded.
  10. These General Terms and Conditions shall also apply in respect of the shareholders and their directors, the ex-shareholders and their directors, and all those who performed, have performed, or are performing work for them or for the public limited company, whether or not subject to a contract of employment.
  11. The legal relationship between the client and DLA Piper Nederland N.V. shall be governed exclusively by Dutch law. Any disputes shall be settled exclusively by the competent court in Amsterdam.
  12. These General Terms and Conditions have been drawn up in Dutch and translated into a number of languages. In the event of any discrepancy between the Dutch text and any translation of it, the Dutch text shall be decisive.