GENERAL TERMS AND CONDITIONS

  1. All assignments are accepted and carried out, setting aside Sections 7:404, 7:407(2) and 7:409 of the Dutch Civil Code, exclusively by Gotthard Mason (the “Contractor”). This also applies when the client gives his assignment expressly or tacitly with a view to performance by a specific person. The applicability of other general terms and conditions, such as those of the client, is expressly rejected. These general terms and conditions shall apply to all assignments given to the Contractor (including any follow-up assignment, amended assignment and/or additional assignment), as well as to all legal relationships as a result thereof or in connection therewith. In the event of any difference between the English text and the Dutch text of these general terms and conditions, the Dutch text shall be binding.
  2. The Contractor advises exclusively under Dutch law and does not provide tax, financial and/or notarial advice.
  3. The performance of assignments shall be exclusively for the benefit of the client. Unless expressly accepted in writing by the Contractor, others than the client may not rely on the result of the work performed by the Contractor and may not derive any rights therefrom. The client shall indemnify the Contractor and the individuals associated with the Contractor against all third party claims which are in any way related to or arise from the assignment issued and/or the work performed for the client. This indemnification shall also include the costs of legal assistance.
  4. The client hereby grants the Contractor permission to disclose (whether or not in connection with the assignment) data known to the Contractor to auxiliary persons engaged by the Contractor for whom knowledge of such data is useful in connection with the handling of the assignment or relationship management, as well as to make use of all means of communication commonly used at that point in time.
  5. The Contractor shall be authorized to engage third parties in the name of and at the expense and risk of the client, without any further acts by the client (such as granting powers of attorney) being required. The Contractor shall not be liable for any acts or omissions of third parties, setting aside Section 6:76 of the Dutch Civil Code.
  6. The work shall in principle be charged to the client on a monthly basis with a payment period of 14 days from the date of the invoice. The client may object to the respective invoice in writing with the Contractor up to 30 days after the date of the invoice. In the absence of such notification, the respective invoice shall be deemed uncontested and approved.
  7. Notwithstanding Section 7:408(2) of the Dutch Civil Code, the Contractor is permitted to terminate an assignment at any time, subject to the applicable rules of conduct for attorneys. Upon termination of the assignment, the client must at least pay for all services rendered up to the time of termination.
  8. If the client has sent messages to Gotthard Mason and/or individuals affiliated with Gotthard Mason, he must verify that those messages have reached the addressee(s) on time and in undamaged condition. Messages are sent in unencrypted form, unless expressly agreed otherwise.
  9. Any liability arising out of (or in connection with) the performance of an assignment shall be limited to the amount paid to the Contractor in the matter concerned in the relevant calendar year by the client. To the extent that any amount may be paid in the relevant case under the professional liability insurance taken out by the Contractor and that amount is less than the amount paid to the Contractor in the relevant case in the relevant calendar year by the client, the Contractor’s liability shall be limited to that (lower) amount paid out by the insurer, increased with the amount of Gotthard Mason’s excess (‘eigen risico’) under that insurance. Claims for damages shall in any case lapse if the Contractor has not been notified in writing about the claim within one year from the discovery of an event or circumstance that gives (or may give) rise to liability. All claims of the client shall expire 12 months after the work to which such claims relate has been performed, unless any rights of the client under the law have already expired at an earlier time.
  10. Gotthard Mason cannot receive third party funds, as it does not have a third-party funds foundation.
  11. Any legal relationship arising out of (or in connection with) the relationships referred to in these general terms and conditions between the Contractor and the client shall be governed by Dutch law. All disputes arising from such legal relationship shall be settled by the competent court in Amsterdam, The Netherlands.
  12. All assignments given to the Contractor are subject to the Contractor’s complaint policy (available at www.gotthardmason.com).
  13. These general terms and conditions can also be accessed at www.gotthardmason.com.
    ‍

March 2024

legalterms & conditionsprivacy policycomplaint policy