General Terms and Conditions of Severijn Hulshof (filed at the Registry of the District Court in Rotterdam on 11 June 2003, deposition file 98/2003)
Severijn Hulshof, hereinafter: 'the partnership', is a partnership the partners of which are limited liability companies. A list of the partners is provided by request.
These general conditions shall apply to all assignments given by Severijn Hulshof’s client to the partnership and/or their partners, their directors or their employees.
All assignments are considered to have exclusively been given to and accepted by the partnership. Contrary to the provisions of articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code [Burgerlijk Wetboek], the partners, the directors and all persons employed by the partnership shall neither be personally bound nor shall they be liable. The assignment shall not end by their death, even in the event that it is the intent that the assignment be performed by a specific person.
In the event that the performance of a client assignment entails the engagement of a third party not connected to Severijn Hulshof, Severijn Hulshof shall exercise due care and shall (except in cases of appointing a procurator litis or a bailiff), within reason, consult with the client on the selection of such third parties. Severijn Hulshof shall not be liable for any failures of such third parties.
Any liability on the part of Severijn Hulshof shall be limited to the amount indemnified by Severijn Hulshof’s professional liability insurance, to be increased by Severijn Hulshof’s deductible as stated under this insurance.
The performance of the commissioned services shall be rendered for the sole exclusivity of the client. Third parties shall not be entitled to invoke any rights under this performance.
Severijn Hulshof shall be entitled to alter their standard hourly rates and the reimbursement of travel costs for transport by car or train.
These general terms and conditions, notwithstanding the provisions sub 3, may be invoked by all partners of Severijn Hulshof, as well as their directors and the (indirect) shareholders of the partners and all those engaged by the partnership.
The legal relationship between Severijn Hulshof and their clients shall be subject to Dutch law. The competent Court in Rotterdam shall have exclusive jurisdiction over any dispute arising from said legal relationship. The partnership shall be entitled to apply to the competent court in the client’s place of residence.