GENERAL TERMS

General Terms Codex Mulder B.V.

All our services are subject to our General Terms and Conditions. Please click here for a printable pdf-copy of these terms.

1. All services of Codex Mulder B.V. are subject to these General Terms and Conditions, the latest version of which is made available at all times through http://www.codexmulder.com/en/general-terms/, in a manner that allows them to be saved and printed for future reference. Any amendments to the General Terms and Conditions automatically become effective, unless the Client informs Codex Mulder in writing, within a month of publication of an amendment, that it will not accept the amended General Terms and Conditions, in which case the version that was in force before that version shall remain in effect.

2. All instructions, including those which are directed to a particular person, shall be considered to have been exclusively given to and accepted and performed by Codex Mulder B.V. in favour of its clients, in disregard of the articles 7:404 and 7:407(2) of the Dutch Civil Code. Third parties cannot derive any rights from the work performed and from the ensuing results.

3. Codex Mulder B.V. shall exercise due diligence when engaging the services of third parties not employed within its own organisation (including but not limited to procurators, notaries, tax consultants, foreign lawyers, accountants, loss adjusters, surveyors, experts, advisors, bailiffs, service providers). Codex Mulder B.V. shall, however, not be liable for any fault or shortcomings on the part of such third parties.

4. Any liability on the part of Codex Mulder B.V. shall be limited to the amount that is paid under the professional liability insurance concluded by Codex Mulder B.V., increased by the amount of any deductible. Information about the professional liability insurance will be provided to you on request. If, for whatever reason, no insurance payment is made, any liability on the part of Codex Mulder B.V. towards clients shall be limited to the amount of fee charged by Codex Mulder B.V. in connection with the instructions concerned, subject to a maximum of € 50,000.‐, and towards third parties to € 25,000.‐

5. Any claims from clients and third parties shall be time‐barred if these claims have not been made by written and reasoned notice presented to Codex Mulder B.V. within three months commencing from the day when the client or the third party respectively was aware, or could reasonably have been aware, of the facts on which his claim is based.

6. Unless otherwise agreed, Codex Mulder B.V.’s invoices are to be paid within 14 days, in default of which an interest of 1% per month is owed over the outstanding amount. If payment needs to be legally enforced, the client shall be obliged to reimburse Codex Mulder B.V. for any judicial and extrajudicial costs incurred, including the full payment of the lawyers’ fees. The latter also applies if the case is handled by a lawyer of Codex Mulder B.V.’s. Any objections against an invoice from Codex Mulder B.V. need to be submitted by written and reasoned notice within two months after the date of dispatch of the invoice, in default of which, the right to complain shall lapse and the correctness and the indebtedness of the invoice shall be indisputable.

7. The client shall be obliged to hold Codex Mulder B.V. indemnified and harmless from any claims by third parties, and to compensate Codex Mulder B.V. for the reasonable costs of defending such claims.

8. Applicability of General Terms and Conditions referred to in documents originating from the clients is hereby expressly rejected.

9. These General Terms and Conditions are also stipulated for the benefit of the director(s) of Codex Mulder B.V., its shareholders and these shareholders’ directors, and all those who performed, have performed or are performing work for him (them) or for Codex Mulder B.V., whether or not under employment or services contract. All these persons will, for this part, become parties to the agreement between Codex Mulder B.V. and the client.

10. The legal relationship between clients and Codex Mulder B.V. is governed exclusively by Dutch law. Complaints of the client addressing Codex Mulder B.V. will be handled on the basis of the complaints handling procedure, accessible through http://www.codexmulder.com/en/general-terms/, which provides for a complaints officer, and which provides for an expert determination procedure in case the client cannot agree with the judgment of the complaints officer. In case disputes cannot be settled through the aforementioned procedure, they shall be submitted exclusively to the competent court in Amsterdam.

11. These General Terms and Conditions have been drawn up in Dutch and translated into English. In the event of any discrepancy between the Dutch text and its English translation, the Dutch text shall be decisive.