General terms ebl Eindhoven

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These General terms apply to all contracts for services or other legal relationships between ebl Eindhoven (hereinafter to be referred to as: ‘ebl Eindhoven’) and the Client, to the exclusion of all other general terms and conditions.
ebl Eindhoven will act exclusively as contracted party in respect of the Client, also where it is the intention, be it tacit or explicit, that an assignment is to be carried out by a specific person. The applicability of Section 404 of Book 7 of the Dutch Civil Code [BW], which contains regulations relating to the latter case, and the applicability of Section 407(2) of Book 7 BW, which establishes joint and several liability in such cases where an assignment is awarded to two or more persons, is excluded.
Third parties may derive no rights from work carried out within the framework of an assignment and the results thereof. The Client indemnifies ebl Eindhoven against all claims by third parties that are in any way connected with or are a result of the assignment of the Client and/or the work carried out for the Client.
When carrying out an assignment, ebl Eindhoven may bring in third parties who are not directly or indirectly in the employ of ebl Eindhoven. If the execution of an assignment entails the involvement of third parties to carry out work within the framework of the awarded assignment, ebl Eindhoven will not be liable for any errors or failures on the part of these third parties. By awarding the assignment, the Client irrevocably authorizes ebl Eindhoven to accept a limitation of liability with regard to the third parties engaged by ebl Eindhoven.
ebl Eindhoven’ invoices must be paid within 14 days of invoice date. All entitlement to set-off or suspension on the part of the Client is excluded. Immediately on request and to the satisfaction of ebl Eindhoven, the Client will provide security for fulfilment of all present and future obligations of the Client in regard to ebl Eindhoven. ebl Eindhoven is entitled to set off its claim on the client, including what it will conditionally and/or reasonably foreseeably claim from the client, against what it or its affiliated Stichting Beheer Derdengelden Keizers Advocaten owes and/or will reasonably owe to the client.
ebl Eindhoven is obliged by law to ascertain the identity of the Client and to report certain unusual transactions to the authorities. ebl Eindhoven is at no time liable for the adverse consequences of such a report made by ebl Eindhoven, even when the report proves to be unfounded at a later date, unless the Client demonstrates that the making of the report in the given circumstances was unacceptable according to standards of reasonableness and fairness. The Client indemnifies ebl Eindhoven against claims by third parties who assert to have suffered damage by a report wrongly made by ebl Eindhoven.
If the execution of an assignment, including any omission, by ebl Eindhoven results in liability, this liability will always be limited to the amount paid out under ebl Eindhoven’ liability insurance applicable in this matter in the case in question, plus the amount of the excess that is to be borne by ebl Eindhoven in the case in question in accordance with the applicable insurance contract. If, for whatever reason, no payment is made in respect of the above insurance, any liability on the part of ebl Eindhoven is limited to the total fee paid to ebl Eindhoven in regard to the assignment in question, with a maximum of EUR 30,000. Parties exclude in advance the possibility of transferability or pledgeability of any damages in accordance with Section 83(2) of Book 3 BW.
Without prejudice to the provisions of Section 89 of Book 6 BW, the Client’s entitlement to compensation lapses in any case 12 months after the Client has or should have reasonably taken note of the damage that arises either directly or indirectly from an incident or circumstance for which ebl Eindhoven is or could be liable.
The stipulations in these General terms are also made irrevocably on behalf of the directors/partners of ebl Eindhoven and all natural and legal persons who are in any way involved in the provision of services, either directly or indirectly.
Complaints about the services provided by ebl Eindhoven are subject to the complaints regulation of ebl Eindhoven, which can be consulted on its website.
These General terms also apply to any supplementary or subsequent assignments.
The law of the Netherlands is applicable to all agreements between the Client and ebl Eindhoven. Unless the law provides otherwise by imperative provision, disputes will be resolved exclusively by the competent court of the District Court of Oost-Brabant, subject to the proviso that ebl Eindhoven remains entitled to bring an action against the Client before a court that would be competent without this stipulation.
The version of these General terms drawn up in the Dutch language always takes precedence over a version in another language.
These General terms can be viewed on ebl Eindhoven website: www.ebl-eindhoven.nl.
ebl Eindhoven is a tradename of the partnership under Dutch law Keizers Advocaten, registered in Eindhoven (The Netherlands) and listed in the Dutch Commercial Register under number 17242164.
Eindhoven, February 2025