GENERAL TERMS AND CONDITIONS OF ADVOCATENPRAKTIJK ASJES & CARREGA N.V.

1.  A|C Lawyers B.V. is a private company limited by shares (besloten vennootschap) existing under the laws of Curaçao, with its registered office in Curaçao.

 

2.  All assignments are accepted and carried out solely by A|C Lawyers B.V. All assignments and legal relations with third parties shall be governed by these General Terms.  The applicability of Sections 7:404 and 7:407 (2) of the Civil Code of Curaçao (Burgerlijk Wetboek van Curaçao) is expressly excluded.

 

3.  When engaging the services of third parties, A|C Lawyers B.V. shall - where possible - consult with the client beforehand and shall in any event exercise due care in the selection of such third parties. A|C Lawyers B.V. shall not be liable for any failure, fault or shortcoming of such third parties. A|C Lawyers B.V. has the right to accept any limitations of liability stipulated by third parties whose services have been engaged by A|C Lawyers B.V.

 

4.  Any and all liability of A|C Lawyers B.V.  shall be limited to a maximum amount of ANG 25.000,=.

 

5. The client shall indemnify and hold A|C Lawyers B.V. harmless from and against all actions, claims or demands of third parties - including costs to be incurred by A|C Lawyers B.V. in connection therewith - arising from or relating in any way to the work or services performed by A|C Lawyers B.V. for the client.

 

6. Unless otherwise agreed, the fees to be paid by the client will be calculated on the basis of the number of hours worked multiplied by the applicable hourly rate according to the scale of fees as from time to time set by A|C Lawyers B.V. With respect to work and services that necessarily have to be rendered during the evening, official holidays and/or in the weekend, the applicable hourly rate can be increased to a rate of not more than the double of the applicable hourly rate. Out of pocket expenses, including, but not limited to, bailiff costs, court fees, stamps, paid by A|C Lawyers B.V. on behalf of the client will be billed separately to the client. For regular office costs (e.g. postage, (local) telephone, telefax and photocopying costs) a percentage of the fee will be charged. All amounts are exclusive of expenditure tax (“OB”) and/or any other government imposed taxes or tariffs.

 

7. All invoices sent by A|C Lawyers B.V. to the client must be paid within fourteen (14) days from the date of the invoice. If payment of an invoice is overdue, A|C Lawyers B.V. will charge interest at a rate of 1.5% per month or, at its discretion, the statutory interest. In that case, A|C Lawyers B.V. shall, furthermore, have the right to suspend its services until full payment of the amount(s) outstanding. A|C Lawyers B.V. is authorized to set off monies received on behalf of the client against outstanding fees, disbursements and outstanding invoices. 

 

8. The legal relationship between A|C Lawyers B.V. and the client shall be governed by the laws of Curaçao. Any and all disputes between A|C Lawyers B.V. and the client shall be decided exclusively by the court of competent jurisdiction in Willemstad, Curaçao.

9. The terms and conditions contained in these General Terms have also been made and stipulated for and on behalf of the managing directors (bestuurders) and shareholders (aandeelhouders) of A|C Lawyers B.V. and all (other) persons who work or have worked for A|C Lawyers B.V.  in any capacity whatsoever.

 

10.  These General Terms have been drawn up in the Dutch and English languages. In the event of a discrepancy in (the interpretation of) the texts, the Dutch version shall prevail.

 

These General Terms have been filed at the Registry of the Court of First Instance of Curaçao.

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