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.
Every instruction will be exclusively given, accepted, and carried out by the partnership according to the laws of the Netherlands Antilles, Bokkes Falkena Attorneys, established on Curacao, hereafter to be referred to as ‘BF Attorneys’, regardless of the fact that the task is accepted by the partnership itself or only through an individual who works in, for or on behalf of the partnership. No individual who works in, for or on behalf of the partnership shall be personally bound or liable, this in contradiction with articles 7:404 and 7:407 paragraph 2 of Civil Code of the Netherlands Antilles (BWNA). Also these General Terms & Conditions are (exclusively) applicable to any follow up or additional instructions received from the client.
Any liability of BF Attorneys is restricted to the paid amount on the invoice of the client in question for the specific case at hand.
BF Attorneys is free to use the services of carefully selected third parties for carrying out the instructions of its clients. There will not be any liability on the part of BF Attorneys due to shortcomings of these parties.
With the exception of gross negligence or intentional non-compliance on the part of BF Attorneys, the client will indemnify BF Attorneys upon first request against any claims from third parties who are in some way or other related to the services rendered on the client’s behalf.
In any case one whole year after it could reasonably have been discerned as to what possible financial claims or other claims towards BF Attorneys existed, regarding any services rendered, these claims will have expired from that moment on.
Unless otherwise agreed upon, the fee will be calculated by means of the actual spent time on the basis of the applicable hour tariff of BF Attorneys. BF Attorneys is entitled to request payment in advance of a certain part of the total amount. Any payment in advance shall be deducted from the last invoice.
BF Attorneys is entitled to raise the costs of the applicable fees by six per cent (6%), covering secretarial-, telephone-, fax -, computer-, copy – and any other remaining office expenses made, augmented with the applicable VAT.
Payments made to BF Attorneys have to be completed within ten calendar days after the date mentioned on the invoice. BF Attorneys is entitled to claim 1,5% interest for overdue payments 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 be collected, will be at the client’s expense.
BF Attorneys will see to it that payments by third parties will be put on a separate third-party account. No interest will be paid out regarding these funds. BF Attorneys holds the right to settle the received payment with any still unpaid invoices.
All articles in these General Terms & Conditions have also been composed on behalf of all individuals who have work(ed) in, for or on behalf of BF Attorneys as well.
With regard to the legal relationship between BF Attorneys and the client, the law on the Netherlands Antilles is applicable, excluding every other national law. Disputes will therefore solely be judged by the applicable court of the Netherlands Antilles, which has its domicile on Curacao.
These general terms and conditions have been deposited at the Court of First Instance, on Curacao on 22 January 2008.