All assignments are deemed to be given to, accepted by, and carried out by Thesaurius B.V., subject to these general terms and conditions. No agreement shall ever be concluded between the client and any person who, based on any legal relationship with Thesaurius B.V., actually performs or is involved in the assignment, even if the assignment is granted with a view to execution by that person as referred to in Article 7:404 of the Dutch Civil Code.
All assignments are accepted with the exclusion of Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code. The final decision to take any (legal) action or amicable settlement, or to conduct a defense, lies solely with the client. Thesaurius B.V. accepts no responsibility or liability for such decisions, unless there is intent or gross negligence.
If Thesaurius B.V. engages a third party, it shall not be liable for any shortcomings of that third party. The client hereby authorizes Thesaurius B.V. to accept any general terms and conditions (including limitations of liability) stipulated by such third party, also on behalf of and in the name of the client.
Thesaurius B.V. is not liable for the improper functioning of equipment, software, data and files, registers, or other items used in the execution of the assignment, without exception.
Any liability of Thesaurius B.V. is always limited to the amount paid out under its professional liability insurance in the relevant case, plus the deductible amount under the applicable policy. Furthermore, liability is in all cases limited to the fee paid, excluding VAT, for the assignment related to the claim, with a maximum of €25,000.
Invoices must be paid within 14 days. Any objections to the invoice must be submitted in writing within 14 days of the invoice date to Thesaurius B.V.
Thesaurius B.V. is entitled to unilaterally adjust the time units used for calculating fees, the hourly rates, the percentage for office expenses, and travel expense reimbursements periodically, for both existing and new assignments.
The legal relationship between the client and Thesaurius B.V. is governed by Dutch law. All disputes that fall under the jurisdiction of the ordinary courts shall be settled by the court in the district where Thesaurius B.V. is established. If a translation of these general terms and conditions has been provided to the client, the Dutch text shall prevail.