- These General Terms and Conditions apply to all assignments to Notariskantoor Goossens B.V. (“Goossens”). Persons who are authorized by Goossens to accept assignments on Goossens behalf are hereinafter referred to as “partners”.
- Any assignments by a client is given to Goossens and not to any individual person associated with Goossens. This includes any assignment from a client that is to be performed by a specific person associated with Goossens, Sections 7:404 subsection 2 of the Dutch Civil Code (Burgerlijk Wetboek) are excluded. “Person associated with Goossens” is understood to include any employee, advisor, partner and shareholder of Goossens.
- If, in the course of an assignment, an event occurs that could lead to any liability on the part of Goossens, such liability shall be limited to the amount that is paid out in that specific case under the professional liability insurance of Goossens, increased with the amount which will be for Goossens own risk according to the relevant insurance policy (eigen risico).
- If Goossens is liable for damages to persons or property, such liability shall be limited to the amount paid out in that specific case under the general liability insurance (AVB) of Goossens, increased with the amount which will be for Goossens own risk according to the relevant insurance policy (eigen risico).
- Claims for damages shall expire after a period of one year from the start of the day following the day on which the client became aware of the damages and of Goossens as the liable party.
- If Goossens engages a person not associated with Goossens to perform an assignment for or on behalf of a client, Goossens shall not be liable vis-à-vis the client for any error or omission (fout) made by such person. By instructing Goossens, the client grants Goossens power and authority to accept on behalf of the client any limitation of liability stipulated by such person.
- The General Terms and Conditions may be relied on by Goossens and each person associated with Goossens, including but not limited to any legal successor under universal title of any person associated with Goossens, any person formerly associated with Goossens, and any legal successor under universal title of a person formerly associated with Goossens.
- In the performance of assignments received from clients, Goossens receives funds from clients or third parts, Goossens shall deposit such funds into an escrow account as referred to in Section 25 of the “Wet op het notarisambt” with a bank chosen by Goossens in consultation with interested parties. Goossens shall not be liable if the chosen bank fails to fulfil its obligations.
- Pursuant to applicable legislation including the Act on the Prevention of Money Laundering and Terrorist Financing (Wet ter voorkoming van witwassen en financieren van terrorisme), Goossens is obligated to verify the identity of its clients and to report certain unusual transactions to the authorities in certain circumstances (all within the meaning of and in accordance of such act). By instructing Goossens, clients confirm that they are aware of this obligation and grant their permission for such reporting, insofar as this is required.
- Dutch law shall govern the legal relationship between Goossens and its clients. Any dispute between Goossens and a client shall be resolved in first instance exclusively by the District Court (Rechtbank) Midden-Nederland, the Netherlands, without prejudice to clause 11 hereof.
- The following specific conditions apply to (notarial) consumer transactions:
Liability of civil law notaries
Liability of civil law notaries is limited to the amount covered by the commercial general liability insurance (AVB), increased with any amount which will be for Goossens own risk according to the relevant insurance policy. The current Professional Conduct Rules set out minimum standards which the insurance must meet.
Information on cost of services
a. Civil law notaries must provide clear and timely information on the cost of their services.
b. Civil law notaries must give timely notice to a client if they intend to charge more for his/her services than agreed.
c. Civil law notaries may not charge their services to a different matter, a different sub-matter, of a person other than the client.
Disputes are resolved exclusively by the courts in the Netherlands or the Consumer Complaints Board (Geschillencommissie).
Professional conduct rules
Civil law notaries must comply with all applicable professional conduct rules. These rules are explained (in Dutch only) in the brochure ‘Spelregels voor notaris en Consument’, which is available on the website www.knb.nl or the Royal Dutch Association of Civil-law Notaris (KNB). A copy will be made available on request.
- If in connection the performance of a client assignment a third party claims damages from Goossens, the client shall compensate Goossens for all costs related thereto, including legal costs, penalties and damages that Goossens is ordered to pay, expect to the extent that Goossens is reimbursed for such costs under an insurance policy.
These General Terms and Conditions are in both Dutch and English.
Notariskantoor Goossens is located in Bussum, Community Gooise Meren and registered with the Trade Register under no. 67824420.