General conditions

  1. Law firm Tigris is the sole proprietorship of Mr. D. Aygur. The firm is registered in the trade register of the Chamber of Commerce under number 82881537.
  2. These general terms and conditions apply to all assignments, including additional and follow-up assignments, that are given to Law Firm Tigris and/or Mr. D. Aygur.
  3. An assignment agreement will only be concluded after it has been accepted by Law Firm Tigris and/or Mr. D. Aygur and the assignment confirmation sent by Law Firm Tigris and/or Mr. D. Aygur to the client has been signed and returned. The assignment can only be accepted after the client has provided a copy of an identification document, provided with a BSN number. The accepted assignment leads to an obligation of effort and not to an obligation of result.
  4. These general terms and conditions have also been agreed for the benefit of all those who work for Law Firm Tigris and/or Mr. D. Aygur.
  5. All assignments referred to in Article 2 shall, with the exclusion of Article 7:404 of the Dutch Civil Code and Article 7:407 paragraph 2 of the Dutch Civil Code, be accepted and executed exclusively by Law Firm Tigris and/or Mr. D. Aygur.

 

  1. The client is aware that Tigris Law Firm and/or Mr. D. Aygur must respect the code of conduct drawn up by the Dutch Bar Association when exercising their practice. The client accepts the consequences that may arise from this.
  2. Any liability, both contractual and non-contractual, of Law Firm Tigris and/or Mr. D. Aygur and – if this should occur – of all those working for Law Firm Tigris and/or Mr. D. Aygur, is limited to the amount paid out in the relevant case under the professional liability insurance taken out, increased by the amount of the deductible that is not borne by the insurer according to the policy conditions. Any right to claim shall lapse twelve (12) months after the time at which the liability should reasonably have been known to arise and in any case seven (7) years after the date of the last invoice. The provisions of this article also apply to a client if a third party (also) claims damages in connection with a service provided by Law Firm Tigris and/or Mr. D. Aygur to a client.
  3. Third parties to be engaged by Law Firm Tigris and/or Mr. D. Aygur will, if reasonably possible, be selected after consultation with the client and with due care. Consultation with the client will not take place regarding the engagement of bailiffs and couriers. Law Firm Tigris and/or Mr. D. Aygur is not liable for shortcomings of third parties. If these third parties limit their liability in connection with the execution of an assignment from the client, Law Firm Tigris and/or Mr. D. Aygur assumes and Law Firm Tigris and/or Mr. D. Aygur hereby confirms that all assignments given to Law Firm Tigris and/or Mr. D. Aygur by the client include the authority to accept such a limitation of liability on behalf of the client. The costs involved in engaging third parties are for the account of the client. The client indemnifies Tigris Law Firm and/or Mr. D. Aygur and those working for Tigris Law Firm and/or Mr. D. Aygur against all claims by third parties that are in any way related to the work performed for the client and the costs of legal assistance to be incurred by the aforementioned indemnities in connection with such claims, unless the said claims are the result of gross negligence or intentional misconduct on the part of the indemnities.
  4. Unless otherwise agreed, Law Firm Tigris and/or Mr. D. Aygur will calculate the fee for the work performed by them on the basis of the number of hours worked multiplied by the hourly rates to be determined annually by Law Firm Tigris and/or Mr. D. Aygur. Three quarters (3/4) of the hourly rate will be charged for travel and waiting time. To the extent that the Dutch Bar Association has or will establish rules regarding the fee for work, these will be observed. Law Firm Tigris and/or Mr. D. Aygur is entitled to request payment of an advance before commencing work. The client accepts that in such a case Law Firm Tigris and/or Mr. D. Aygur may wait with the execution of the assignment until the full amount of the advance has been received. A paid advance will be settled with the last outstanding invoice.
  5. Taxable or untaxed disbursements paid by Law Firm Tigris and/or Mr. D. Aygur on behalf of the client will be charged in addition to the fee. Taxable and untaxed disbursements are the actual costs incurred by Law Firm Tigris and/or Mr. D. Aygur on behalf of the client (such as court fees, bailiff’s costs and costs of extracts from the Chamber of Commerce, costs of extracts from the Municipal Basic Administration and the like). Only after payment of the court fee will the case be brought before the Court or the petition filed. Tigris Law Firm is not liable if the client does not pay the court fees due on time and in full and Tigris Law Firm has not brought the case or filed the petition for that reason.
  6. To cover general, unspecified office costs (such as postage, telephone costs, fax costs and copying costs, and the like), a fee of 6% of the fee will be charged.
  7. In cases that are handled on the basis of the statutory system of legal aid, the invoice will be limited to the costs that are for the account of the client on the basis of the issued legal aid decision and on the basis of the aforementioned system. Law firm Tigris and/or Mr. D. Aygur will handle the application for legal aid. However, if the application for legal aid is rejected or if a legal aid that has been granted is subsequently withdrawn, for example if a reasonable financial result is achieved, the fee on the basis of the then applicable hourly rate and the disbursements will subsequently be invoiced to the client.
  8. In principle, the amounts owed by the client will be charged to the client monthly in arrears and upon settlement of the relevant case.
  9. Unless otherwise stated on the invoice, the payment term is fourteen (14) days, calculated from the date of the invoice. This is a fatal term as referred to in article 6:83a BW. In the event of late payment, the client is automatically and by operation of law in default and Law Firm Tigris and/or Mr. D. Aygur is entitled to charge the statutory (commercial) interest on the outstanding amount, calculated from the date of default up to and including the date of full payment. Payment to Law Firm Tigris and/or Mr. D. Aygur may not be suspended and/or offset. Law Firm Tigris and/or Mr. D. Aygur is also entitled to suspend its activities in all ongoing cases.
  10. If the client is in default and collection measures are necessary, (extra)judicial collection costs will be due in accordance with the Decree on Compensation for Extrajudicial Collection Costs, with a minimum of € 40.
  11. If an invoice or advance payment is not paid within the payment term, Law Firm Tigris and/or Mr. D. Aygur may suspend its activities after the client has been informed thereof. Law Firm Tigris and/or Mr. D. Aygur is not liable for any damage resulting from this suspension of activities.
  12. After the case has been concluded, all original documents in the file originating from the client will be returned to the client, after which the remaining file will be kept for at least five (5) years. After this period, the Tigris Law Firm and/or Mr. D. Aygur are free to destroy the file.
  13. Law firm Tigris does not have a Foundation Third-Party Funds Account. This is because the firm does not manage or receive third-party funds from its clients. The Dean of the Dutch Bar Association has of course been notified of this.
  14. Law firm Tigris and/or Mr. D. Aygur shall not be entitled to rely on a provision in these general terms and conditions to the extent that the provision in question is not permitted by the Dutch Bar Association. If one or more provisions of the agreement prove to be invalid or unenforceable in whole or in part, they shall hereby be replaced by provisions for which this does not apply and which regulate as much as possible the same as the invalid or unenforceable provision. To the extent necessary, the parties shall consult further in good faith on the precise wording of these replaced provisions.
  15. Law firm Tigris and/or Mr. D. Aygur shall not be entitled to rely on a provision in these general terms and conditions to the extent that the provision in question is not permitted by the Dutch Bar Association. If one or more provisions of the agreement prove to be invalid or unenforceable in whole or in part, they shall hereby be replaced by provisions for which this does not apply and which regulate as much as possible the same as the invalid or unenforceable provision. To the extent necessary, the parties shall consult further in good faith on the precise wording of these replaced provisions.
  16. These general terms and conditions are drawn up in the Dutch language.

Enschede, 02-09-2024