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1. SOLV B.V. (hereinafter: ‘SOLV’) is a private limited liability company with its seat in Amsterdam, registered in the Trade Register under number 18060314.
2. All instructions are accepted and carried out exclusively by SOLV, with the exclusion of Article 7:404 and 7:407 (2) Dutch Civil Code. Third parties cannot derive any rights form the work carried out and from the ensuing results.
3. Any liability of SOLV shall be limited to the amount which is paid out in the matter concerned under the professional liability policy entered into by SOLV, to be increased by the amount of the deductible which according to the terms and conditions of the insurance policy will not be for the account of the insurer. Information about the professional liability insurance will be provided on request.
4. If, for whatever reason, the insurer makes no payment under the above insurance policy, any liability of SOLV shall be limited to the amount invoiced by SOLV in the matter concerned, subject to a maximum of EURO 200,000.
5. The choice of third parties to be engaged by SOLV shall take place, whenever possible and within reason, in consultation with the client. SOLV will at all times observe due care in selecting these third parties. SOLV shall not be liable for any shortcomings of these third parties and is entitled, without prior consultation with the client, to accept (also) on behalf of the client any limitation of liability on the part of these third parties.
6. All rights of actions and claims against SOLV related to the services provided by SOLV shall lapse in any event one year after the moment on which the party involved (client or third party) is aware or could reasonably be aware of the existence of these rights of actions and claims.
7. The client indemnifies SOLV against all claims of third parties, including reasonable costs for legal assistance, which are in any way related to the services provided by SOLV, unless these claims ensue from gross negligence or willful misconduct on the part of SOLV.
8. SOLV may change its fees per calendar year, after giving its clients prior written notice.
9. These general conditions are not only stipulated for the benefit of SOLV but also for the benefits of the directors of SOLV, and all those who performed or are performing work, whether or not under employment contract, for SOLV.
10. All relationships between SOLV and its clients, as well as those who make use of its services, are governed by the laws of the
11. These general conditions are drawn up in Dutch and English. The Dutch text shall be binding in the event of any difference in content of tenor.
© SOLV, 2004