General Terms and Conditions

Bijkerk|Aarts is a collaboration between two independent advisors, Bijkerk Advies B.V. and Marnix Aarts Advies B.V.

Instructions are given to and accepted by either Bijkerk Advies B.V. or Marnix Aarts Advies B.V., unless agreed otherwise in writing.

The following General Terms and Conditions apply.

July 2019

  1. These General Terms and Conditions apply to any instructions given to Bijkerk Advies B.V. or Marnix Aarts Advies B.V. (the relevant entity hereinafter: "contractor") and to all legal relationships arising therefrom. Instruction are given to either Bijkerk Advies B.V. or Marnix Aarts Advies B.V., unless agreed otherwise in writing. The applicability of any of the client's general or other terms and conditions is explicitly rejected.
  2. All instructions will be deemed to have been given to, accepted by and carried out by the contractor exclusively, even if the intention is for instructions to be executed by one or more specific person(s) affiliated with the contractor. The effect of Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is excluded. In these General Terms and Conditions, "persons affiliated with the contractor" means any legal or natural person that is or has been employed by or on behalf of the contractor, as an employee or otherwise.
  3. These General Terms and Conditions apply in full to all persons affiliated with the contractor and all third parties engaged by the contractor for the execution of any instructions, or that can or could be held liable in relation thereto. All that is stipulated in these General Terms and Conditions for the benefit of the contractor applies to them as an irrevocable and gratuitously made third-party clause within the meaning of Article 6:253 of the Dutch Civil Code.
  4. The client indemnifies the contractor and all persons affiliated with the contractor for the consequences of claims by third parties arising from or related to the execution of instructions, including any costs of legal support.
  5. To the extent applicable the contractor must under current legislation (including the Wet ter voorkoming van witwassen en financieren van terrorisme) - among other things - verify the client's identity, establish whether any unusual transactions have been made or are planned and, when necessary, notify the relevant authorities of such activities without informing the client. The client confirms it is aware of, and agrees to, the foregoing and that it will provide all required information.
  6. If the contractor processes personal data, whether or not in relation to the execution of instructions, this pro­cessing will be done in accordance with the contractor's pri­vacy policy. This policy can be viewed at www.bijkerkaarts.nl.
  7. The contractor may engage third parties for the execution of instructions. If the contractor engages a third party, the contractor is not liable towards the client for any mistakes made by this third party. The contractor may accept stipulations restricting liability used by such third parties on behalf of the client as well.
  8. The client agrees that the contractor may use digital means of communication and data storage services, whether or not offered by third parties, for the purpose of communication. The contractor cannot be held liable for damage or loss ensuing from the use of such services.
  9. Unless agreed otherwise, the fee owed to the contractor will be calculated on the basis of the hours spent executing the instructions, multiplied by the contractor's rates, which will be adjusted from time to time. Additional costs incurred in relation to the instructions will be charged separately.
  10. The applicable VAT and other compulsory taxes, surcharges and similar increases will be added to all amounts charged by the contractor. Invoices must be paid within 15 days of the invoice date. If payment is not made within this time, the contractor may, without further notice, exercise its right to charge the client statutory interest. The contractor may at all times request an immediately payable advance for work carried out or to be carried out and suspend or end its services if the client does not pay an invoice for advance payment on time.
  11. Any liability arising from or related to the execution of instructions is limited to the amount paid out under the liability insurance cover taken out for the incident in question, plus the applicable excess. Any claim for damages will expire one year after the date on which the client is informed of possible loss or damage and will in any event lapse after three years.
  12. The legal relationship between the contractor and a client and any claims for liability are governed by the laws of the Netherlands. All disputes will be submitted exclusively to the competent court in Amsterdam.
  13. These General Terms and Conditions are available in Dutch and English and can be viewed at www.bijkerkaarts.nl. In the event of a dispute on their contents or intention, only the Dutch version is binding.