All engagements will be performed by ANTAXIUS ADVOCATEN CVBA, with registered office at 75 C Léon Stynenstraat, 2000 Antwerp, company registration number 0476.240.997 and VAT registration number BE 0476.240.997 (hereinafter referred to as the “Contractor”) for the benefit of its Clients. Third parties will not be entitled to derive rights from any activities performed and the results thereof.
All engagements will be carried out on an hourly basis at the usual hourly rates of the Contractor, unless expressly agreed otherwise. Third-party costs will be passed on one-to-one or invoiced directly by these third parties to the Client. The payment term for invoices will be fifteen days from the invoice date. Any complaints about the invoice or the work to which an invoice relates must be notified to the Contractor in writing within thirty days from the date of the invoice concerned, in default whereof the Client will be deemed to acknowledge that the invoice is correct and due and payable.
ANTAXIUS ADVOCATEN CVBA will be entitled to ask for advance payments in the form of retainers. ANTAXIUS ADVOCATEN CVBA will charge its services periodically in fee statements. In the event of non-payment, ANTAXIUS ADVOCATEN CVBA may suspend its services until full payment has been made.
The obligations of the Contractor will only constitute an obligation of means, unless expressly agreed otherwise. Neither will the Contractor be liable in the event of force majeure or strange cause. Furthermore, the Contractor will exercise due care in the selection of third parties not working within his organization (including foreign lawyers, accountants, loss adjusters, judicial officers, experts, advisers or service providers such as, inter alia, a postal or courier company or a bank or financial institution). However, the Contractor will not be liable for errors or shortcomings of such third parties.
The liability of the Contractor will be limited to the amount paid out under professional liability insurance policies taken out by the Contractor, plus the excess amount. ANTAXIUS ADVOCATEN CVBA has taken out the professional liability insurance basic policy of the Antwerp Bar and also additional professional liability insurances. Information about these professional liability insurances will be sent on request. If, for whatever reason, no payment is made under the professional liability insurance, each liability will be limited to twice the fee paid to ANTAXIUS ADVOCATEN CVBA with regard to the engagement concerned.
All claims of clients and third parties against the Contractor will expire one year after the facts on which the claim by the Client or the third party is based.
The Client will be obliged to indemnify the Contractor against all claims by third parties and to reimburse the reasonable costs of defence against such claims.
Claims regarding engagements can be directed against the Contractor only. However, insofar as the law allows partners, staff members and employees of the Contractor to be held accountable, these General Terms and Conditions will also apply in such a case.
Unless expressly agreed in writing, the Contractor will carry out engagements under these General Terms and Conditions only. The applicability of general terms and conditions referred to by documents from the Client is hereby expressly excluded.
The legal relationship between the Clients and the Contractor will be governed by the laws of Belgium only. All disputes will exclusively be settled by the competent Court of the district of Antwerp, Antwerp Division.
These General Terms and Conditions are drawn up in Dutch. In the event of any discrepancy between the Dutch text and a translation thereof, the Dutch text will take precedence.