GENERAL TERMS AND CONDITIONS OF DAMSTÉ ADVOCATEN – NOTARISSEN
with offices in Almelo and Enschede

1. Damsté is a partnership of lawyers and notaries in the form of a cooperative whose members have personal holdings in the cooperative. A list of the participants in the partnership can be provided upon request.
2. Assignments are deemed to be given, accepted and performed by Damsté and are subject to these General Terms and Conditions. No contract is ever concluded between the client and a specific person who, through any legal relationship with Damsté, is carrying out or involved in the performance of any assignment, even where assignments are provided with a view to being performed by a person referred to in Article 7:404 Dutch Civil Code.
3. Assignments are accepted to the exclusion of the Articles 7:404 and 7:407, paragraph 2, of the Dutch Civil Code. The final decision on whether or not to take further (legal) actions or to reach an amicable settlement out of court or whether or not to conduct a defence remains exclusively with the client. These decisions are never the responsibility or liability of Damsté, unless there is intent or gross negligence.
4. Any liability of Damsté, the lawyers, the notaries and any persons on the basis of a legal relationship with Damsté performing or having performed any assignments on behalf of the client is, in its entirety, always limited to the amount that is paid out for that event under the liability insurance coverage, increased by the amount of the deductible applicable under the insurance policy.
5. In the event Damsté involves a third party, Damsté shall not be liable for any shortcomings of this third party. The client, hereby, authorizes Damsté to agree to any general terms and conditions stipulated by a third party (including any limitations of liability), also on behalf of and in the name of the client.
6. Damsté shall not be liable for any faulty performance of equipment, software, data and documents, registers or other objects, without exception, which are used for the performance of the assignment.
7. If, for whatever reason, no amount is paid out to the client under the liability insurance coverage, any liability shall be limited to a maximum of € 25,000 or, if the fee excluding VAT paid for the performance of the assignment relating to the claim, exceeds € 25,000 excluding VAT, to an amount equal to this fee paid with a maximum of € 225,000.
8. Invoices must be paid within 14 days. Any objection to the invoice must be disclosed in writing to the department Interne Incasso (internal debt collection department) within 14 days after the date of the invoice.
9. Damsté shall be entitled to change periodically the observed time unit, the amount of hourly fees, the percentage of the general office costs and the travel expense allowance for the calculation of the fees for already accepted assignments and new assignments.
10. Damsté has a complaint handling procedure. The regulations can be provided upon request.  The complaint handling procedure is published on our website (www.damste.nl). 
11. The legal relationship between the client and Damsté is subject to Dutch law. In any dispute where the ordinary courts have jurisdiction, these disputes will be settled by the court in Almelo. If the client is provided with a translation of these General Terms and Conditions, the Dutch text will prevail.

On 15 June 2011 these General Terms and Conditions were filed with the registry of the court in Almelo under number 36/2011.

Stichting Beheer Derdengelden Damsté (law practice – third-party funds)
Almelo   38.13.59.700 IBAN: NL23 RABO 0381 3597 00 BIC Code RABONL2U
Enschede  39.68.38.987 IBAN: NL70 RABO 0396 8389 87 BIC Code RABONL2U
Almelo Letselpraktijk (personal injury practice) 10.47.89.050 IBAN: NL22 RABO 0104 7890 50 BIC Code RABONL2U

Damsté notariaat inzake derdengelden (notarial practice – third-party funds)
Enschede  14.61.42.977 IBAN: NL32 RABO 0146 1429 77 BIC Code RABONL2U