General Terms & Conditions
1. Gomez & Bikker is the name under which a partnership ("maatschap") established under the laws of Aruba practices law ("Partnership"). The partnership consists of limited liability companies. A list of the partners will be supplied on request.
2. Instructions from clients will be deemed to be instructions accepted and carried out by the Partnership of attorneys-at-law. The provisions of Articles 7:404 and 7:407 (2) of the Aruba Civil Code, will not be applicable.
3. The liability of the partnership and/or their partners (including (managing) directors of the partners which are liability companies) in any matter is limited to the amount which is paid out under the Partnerships' professional indemnity insurance policy in the matter concerned, plus the amount of the deductible which is in accordance with the conditions of such policy not for the account of the insurers.
4. The Partnerships' choices of third parties they instruct shall be made with all due care and, as far as possible, after consultation with the particular client concerned. The partnerships shall not be liable for any default or failings of such third parties so instructed. The Partnership shall not be liable for any failure, fault or shortcoming of such service providers. The Partnership has the right to accept any limitations of liability stipulated by service providers whose services have been procured by the Partnership.
5. The results of any matter in which instructions have been given to the Partnership shall be exclusively for the benefit of the instructing client. Third parties shall have no rights relating to or over the contents of the work performed (for example advice given).
6. If the instructing client discloses to any third party the contents of the work performed by the partnerships on its behalf (for example advice given), the instructing client is obliged by the Partnerships to inform such third parties that the work performed was conducted in accordance with these general conditions. In the event that a third party wishes to make use in any way whatsoever of the contents of the work performed, such third party shall also be bound by these general conditions.
7. The Partnership calculates - unless explicitly otherwise agreed upon by means of an engagement letter - the fees charged to clients based upon hours spent multiplied by the applicable hourly rate. The hourly rate may depend on the expertise of a particular attorney involved, and can be adjusted in cases of urgent matters for which other work needs to make place. The hourly rate regarding work and services to be rendered after 20:00 hours as well as in the week-ends can be increased to 150% up to maximum of 200% of the regular hourly rate. Out of pocket expenses, which the Partnership deem necessary on behalf of client, will be billed separately.
8. Gomez & Bikker charges, in accordance with common practice, the legal fees, increased by five (5%) percent administrative a/o office cost (such as communications, postage, copiers). The aforementioned is without detriment to the right of Gomez & Bikker to make a one-time billing to the principal for initiating a file.
9. All bills sent by Gomez and Bikker should be paid within thirty (30) days after date of the bill. If client does not object to the bill within a month after date of bill, or ultimately a month after receipt of the bill, client will be considered to have approved of such. Gomez and Bikker will be authorized to set off monies received from or on behalf of client against outstanding amounts, regardless of the nature thereof.
10. Gomez & Bikker shall see to it that the moneys in its custody, received from and belonging to third parties, will be deposited in a separate bank escrow account. The rightful claimants to these funds shall not be entitled to any interest payment on such funds. Gomez & Bikker reserves the rights to compensate any outstanding invoices with moneys of principals in its custody.
11. In litigation matters and at Gomez & Bikker's discretion it shall be entitled to, in addition to fees, a performance premium in the amounts of any court awarded fees ("gemachtigde salaris").
12. These general conditions have also been stipulated for the benefit of Gomez & Bikker, the partners of the above-mentioned partnership(s), the managing directors of the partners, which are limited liability companies and all other personnel of the partnerships.
13. The agreement between the instructing client and Gomez & Bikker and is subject to Aruba law. Disputes shall be submitted exclusively to the competent court(s) of Aruba.