- Legal Harbour is a company incorporated under the laws of The Netherlands, whose object is to provide commercial and maritime legal services. All instructions shall be accepted and carried out by Legal Harbour pursuant to a service agreement (the ‘Instruction’).
- In acting upon the Instruction, Legal Harbour may call upon her lawyers, partners and, where appropriate, engage the services of third parties. Legal Harbour shall exercise due care in carrying out the Instruction, performing all activities, and selecting and engaging the services of third parties.
- Our liability shall be in all circumstances limited to the amount which is paid pursuant to the professional liability insurance policy in the matter concerned, plus the amount of the deductible which shall be borne by Legal Harbour. If, for whatever reason, the insurer makes no payment under the insurance policy referred to in this clause, any liability shall be limited to the contract value of the Instruction in the matter concerned.
- Legal Harbour is authorised to accept, for and on behalf of the client, any limitation of liability by any third party referred to in Article 2. Any liability of Legal Harbour for a third party’s failure to perform his/its obligations is limited to the amount that the client could have recovered from that third party in a direct action against that third party.
- Legal Harbour’s invoices are due and payable within thirty (30) days from the date of the invoice. If an advance is requested, it shall be paid immediately and in any case prior to rendering of services by Legal Harbour.
- In the event of non-payment, Legal Harbour shall be entitled to suspend performance of the Instruction(s), upon giving notice to the client. Legal Harbour cannot be held liable for any damage or loss resulting from the suspension of services.
- Any fee estimate provided by Legal Harbour is an approximation only. If any of the assumptions on which an estimate is based proves to be incorrect or if the Instruction(s) or scope of the assignment changes, Legal Harbour ‘s estimate might be no longer be accurate. No estimate should therefore be considered as definitive one.
- These general terms and conditions can be relied on not only by Legal Harbour but also by any person engaged by Legal Harbour in the performance of a client assignment.
- Legal Harbour may at any time incorporate special conditions into its engagement letter with the client, in particular as regards conflicts of interest and fee arrangements. If expressly agreed with the client, such special conditions may derogate from these general terms and conditions.
- The legal relationships to which these general conditions apply shall be governed by and construed in accordance with the laws of the Netherlands.
Disputes shall be submitted to the Court of First Instance in Rotterdam, at the option of the plaintiff.