GENERAL CONDITIONS (VAN LENNING NOTARIAAT AMSTELVEEN)
Notary is understood to mean the notary, his observer and his office colleagues, who is (partly) charged with the execution of the assignment.
Client is understood to mean the natural person or legal person who (also) gives the order for services.
assignment is understood to mean the agreement within the meaning of article 7: 400 of the Dutch Civil Code whereby the notary undertakes towards the client to provide certain services. All assignments are accepted with the exclusion of Article 7: 404 Dutch Civil Code and 7: 407 paragraph 2 Dutch Civil Code.
The contractor is the private limited liability company which trades under the name Van Lenning Notariaat. This company is the sole contractor, even if it is the express or implied intention that an assignment will be carried out by a specific person. Where in these conditions the term “notary” is used, this also means the aforementioned company. The notary is authorized to engage third parties for the execution of the assignment on behalf of the client.
Van Lenning Notariaat is a company in which the shareholders are legal persons.
Scope of conditions.
These conditions apply to the services provided by notaries and their office colleagues.
Rates and additional work.
1. For the services, the usual rates at the office of Van Lenning Notariaat will be charged, unless otherwise agreed in writing between the client and the notary.
2. If more work is performed than the usual, the notary is authorized to charge a higher amount than the usual.
1. The fee, taxes and any disbursements owed must, unless otherwise stated, be verifiable in the possession of the notary at the latest on the date of passing of the deed, but before the time of passing thereof.
2. The client to whom payment of fees, taxes and / or disbursements has been requested in writing by means of an invoice or otherwise and from whom no payment has been received within the due date, is liable for the costs incurred by the notary from the time of the expiry of the due date, both in and out of court, to collect his claim. He also owes interest on that claim from that moment. The interest is one percent (1%) per month, with part of the month counting as a full month.
3. The notary is authorized to settle outstanding invoices with funds that the notary holds for the client on the third-party funds account.
Not executed deed.
Work that is performed without this leading to a notarial deed is covered by the agreement. The notary is authorized to declare to the client in respect of that work on the basis of the time spent by the notary and the relevant employees on the assignment, at the usual hourly rates at the office, unless otherwise agreed in writing between the client and the notary.
Liability of the client.
In the event that an instruction is given by more than one person, each of them is jointly and severally liable for the amounts owed to the notary under that instruction. If an assignment is given by a natural person on behalf of a legal person, if this natural person can be regarded as the (co-) policymaker of this legal person, this natural person also acts as a private client. In the event of non-payment by the legal person, he is therefore personally liable for payment of the invoice, irrespective of whether the invoice, whether or not at the request of the client, has been put in the name of a legal person or in the name of the client as a natural person.
Transition rights and obligations.
In the event of the death of the client, his rights and obligations are transferred to his assignees under a general title.
If the office holds client funds, an attempt will be made to deposit these funds at the best possible interest with one or more of the financial institutions with which the office holds an account. No interest will be paid on amounts lower than € 25,000.00 that are held by the office for less than 1 month. The office cannot stipulate interest conditions that private individuals usually enjoy on their own savings. There is no discussion about the amount of interest earned by the office on client money.
The activities will be performed by the notary with due observance of the regulations applicable to him as a notary.
Limitation of liability.
1. In accordance with the provisions of the Royal Notarial Professional Organization (KNB), every notary who is a member of the KNB has insured his professional liability in accordance with what can reasonably be covered by insurance for a notary.
2. The insurance conditions of this insurance prescribed by the KNB are: – sum insured: € 12,000,000.00 as a maximum per event per notary per year; – annual maximum: € 25,000,000.00 per insurance year and per notary; – insured: notaries, acting (junior) notaries, former notaries and heirs of deceased notaries in the Netherlands.
3. If one or more errors have been made in the work that is carried out to execute the assignment given to the office, the total compensation to be paid to the client (s) and third parties in respect of that work is limited to the amount for which the liability insurance, where applicable the notary gives entitlement to payment, plus the amount of the deductible that is not at the expense of the insurer (s) according to the insurance conditions.
4. The liability limitation described in paragraph 3 of this article 10 also applies if the notary is liable for errors by third parties engaged by him or for the malfunctioning of equipment, software, data files used by him in the performance of the assignment, registers or other matters, none excepted.
5. The limitation of liability as described in paragraph 3 of this article 10 also applies if the notary has wrongly refused his service and damage ensued.
6. The liability limitation as included in the present article 10, paragraphs 3, 4 and 5 of these terms and conditions is also made for the notary’s observer and all who work at the office, so that they can also invoke this limitation of liability.
7. The notarial complaints and disputes procedure applies to our services. See also www.knb.nl and www.degeschillencommissie.nl.
All claim rights and other powers of the client vis-à-vis the office, the (individual) partners, the aforementioned private limited companies, the directors of those companies and the persons working for the office in connection with work performed by the office will in any case lapse as soon as a a period of one year has elapsed after the day on which the client became known or could reasonably have been aware of the existence of those rights and powers.
Use of third parties.
The choice of third parties to be engaged by the office will, where possible, be made in consultation with the client and with due care. The office is not liable for shortcomings of these third parties if these have been designated by the client. Except in the case of intent or gross negligence on the part of the office, the client indemnifies the office against all claims from third parties, including the costs to be incurred by the office in connection therewith, which are in any way related to the for the client work performed.
In the event that the client and the office communicate with each other by means of electronic means of communication, both parties will ensure adequate virus protection. In the event that one of the parties nevertheless becomes infected with a virus or other malfunction, the other party will not be liable for this. The sending of e-mails will take place non-encrypted, unless explicitly agreed otherwise. The client may expressly request that he does not wish to communicate by e-mail.
Choice of law.
Dutch law will apply to the legal relationship between the notary and his clients. Only the Dutch court will be competent to take cognizance of any dispute that may arise between the notary and the client. These general terms and conditions have been drawn up in Dutch and English. The Dutch text is binding.