Rates & Conditions
We make clear arrangements with regard to rates in advance – which may vary depending on the acting lawyer and/or the nature of the case. The principle is that we send monthly invoices based on time worked. Generally, other arrangements, including a fixed price for a certain case or a part thereof, are within the realm of possibilities.
Our services are subject to our general conditions, which are set out below.
General Conditions
- Lexington law firm (Lexington) is a partnership with partners consisting of private limited companies ("practice with corporate personality"), its mission being to practice law in the broadest sense of the word.
- All instructions are deemed to have been given to and accepted by Lexington only, even if it is the express or tacit intention that an instruction will be carried out by someone in particular. The applicability of the provisions set out in articles 7:404, 7:407 paragraph 2 and 7:409 of the Netherlands Civil Code, is explicitly excluded.
- When engaging third parties, Lexington will consult the client as much as possible in advance and in any case, it will exercise due care in the selection of such third parties (excluding bailifs). Lexington will not be liable for the failures of third parties of any kind. Lexington is authorized by the client to accept, on behalf of the client, any limitations of the liability of third parties.
- The client indemnifies Lexington against all claims of third parties, including the reasonable costs of legal assistance, that are related in any way with the work performed for the client.
- Except in case of gross negligence or intention on the part of Lexington, any liability of Lexington arising from an occurrence – which includes an omission – that results in liability, is limited to the amount which is paid out under its professional liability policy (policies) in the matter concerned, plus the amount of the excess which under the policy conditions is not borne by the insurers.
- The limitation or expiry period within which the client has to enforce any right against Lexington (including, but not limited to a claim for compensation), is shortened to one year from the moment the client knew of should have known of these rights.
- Not only Lexington, but all lawyers and/or employees , former lawyers and/or employees and others engaged or formerly engaged in the execution of any instruction, including their heirs, if any, may invoke these general conditions.
- Unless otherwise agreed in writing, the fee will be calculated on the basis of the number of time units worked multiplied by the rates per time unit as determined by Lexington from time to time. Disbursements paid by Lexington on behalf of the client will be invoiced separately. To cover general office expenses (postage, phone, fax, copy and e-mail costs), a surcharge may be charged in addition to the fee. All amounts are exclusive of BTW (Dutch VAT).
- In principle, work will be invoiced to the client on a monthly basis with a payment term of 14 days. In default of timely payment, Lexington is entitled to charge statutory commercial interest.
- Existing and future legal relationships between the client or any third party and Lexington are subject to Dutch law. Any dispute arising from those legal relationships will be settled in the first instance by the District court of Noord-Holland, The Netherlands, or, exclusively at Lexington’s discretion, by the court within whose jurisdiction the client or third party has its domicile.
- All conflicts that arise in connection with the work performed by Lexington, conflicts about declarations included, will be settled in accordance with our complaints procedure (if this does not lead to a solution article 10 of these conditions is applicable).
- These general conditions have been drawn up in Dutch and translated into English. In case of any inconsistency between the Dutch version and the translation, only the Dutch version will be binding.
- The Dutch version of these general conditions are filed with the Registry of the Court of Haarlem under number 17/2016 and can also be found on Lexington’s website: www.lexadv.nl.
Hoofddorp, 14 juni 2016