General Terms & Conditions
GENERAL TERMS & CONDITIONS
TRIPLE A ATTORNEYS
TRIAS BUILDING
HANCHI SNOA 19
CURACAO
PH: +5999 465 8298/FAX: +5999 465 8299
In case of any inconsistencies between the Dutch and the English versions of these General Terms & Conditions, the Dutch version will prevail at all times.
Article 1:
Every instruction will be exclusively provided, accepted and performed by the partnership according to the laws of Curaçao Triple A Attorneys, established at Curaçao, hereafter “Triple A Attorneys”, regardless of the fact that the task is accepted by the partnership itself or a person who works at, for or on behalf of the partnership. No person who works at, for or on behalf of the partnership shall be personally bound or liable, this in deviation of the articles 7:404 and 7:407 paragraph 2 BW. Furthermore, these General Terms & Conditions are (exclusively) applicable on any follow up or additional instructions of the client.
Article 2:
In relation to litigation representation, the liability of Triple A Attorneys has been restricted to the paid amount on the invoice of the client concerned for the matter concerned at the most.
Article 3:
Triple A Attorneys is allowed to use the services of any carefully selected third party for the execution of the client’s instruction. Triple A Attorneys shall accept no liability whatsoever for any shortcoming of these third parties.
Article 4:
With the exception of gross negligence or intention of Triple A Attorneys, client will indemnify Triple A Attorneys at its first request against any claims from third parties who are related in some way to the performed services for the client.
Article 5:
In all events any possible right of action or other rights regarding Triple A Attorneys concerning any performed services, expires within one year after the moment on which client became (reasonably) familiar with this right.
Article 6:
Unless agreed upon otherwise, the fee will be calculated by means of the actually time spent on the basis of the applicable hour tariff of Triple A Attorneys. Triple A Attorneys is entitled to ask for the payment of an amount in advance. In general, payments will be set off with the oldest invoice, at the discretion of Triple A Attorneys.
Article 7:
Triple A Attorneys is entitled to raise the costs of the applicable fees with a percentage office expenses to cover the telephone-, fax -, computer -, copy – and remaining office expenses, raised with outstanding VAT.
Article 8:
Payments to Triple A Attorneys have to be made within ten calendar days after the invoice date without suspension, discount, deduction or set-off against a claim that a client believes to have on Triple A Attorneys. Triple A Attorneys is entitled to claim 1,5% interest for overdue payment per month after expiration of the term of payment. All costs related to any possible debt collection, among which all extrajudicial costs, with a minimum of 15% of the total amount to collect, will be at the client’s expense. In case of non-payment or payment not in time by a client, Triple A Attorneys is entitled to suspend the work for this client or to stop without warning.
Article 9:
Triple A Attorneys will take care of the payment of received money of a third party on a separate escrow account. No interest will be paid regarding this money. Triple A Attorneys holds the right to settle the received money with any unpaid invoices.
Article 10:
All articles in these General Terms & Conditions have been made on behalf of all persons who work(ed) in, for or on behalf of civil partnership as well.
Article 11:
Curaçao law is applicable on the legal relationship between Triple A Attorneys and the client with the exclusion of every other law. Any dispute at first instance will be judged exclusively the Court at first instance of Curaçao.
The Dutch version of these general conditions has been deposited at the Court at first instance, Curaçao on October 22nd 2015.