General Terms and Conditions
General Terms and Conditions of Van Schendel en Partners Gerechtsdeurwaarders B.V., with its registered office in Hilversum, hereinafter referred to as VSP.
1. Scope of application
The General Terms and Conditions of VSP shall apply to all engagements given to it to perform official and unofficial work, unless otherwise agreed.
Intermediaries are clients who perform professional legal or debt collection work. These include lawyers, bailiffs and collection agencies. Clients are clients, not being intermediaries, who give VSP an engagement. Official work is all work assigned to bailiffs by law. Unofficial work is all work to be performed by VSP that is not explicitly assigned to bailiffs by law. This includes work in the context of credit management, collection activities, giving advice, providing legal assistance, conducting legal proceedings, serving summonses and all related work.
3.1 An engagement given to VSP will count as accepted if VSP has confirmed this to the client in writing or when it has started to perform the engagement. VSP will have started performing the engagement in any case at the time it has acted as the contractor with respect to third parties.
3.2 All engagements given to one or more bailiffs employed at VSP shall count as given to VSP.
4.1 The work shall be performed and the legal measures taken at all times at the expense and risk of the client.
4.2 If there are several clients, they shall be jointly and severally liable for compliance with the obligations.
4.3 VSP shall be at liberty to engage third parties, including another bailiff or a lawyer, for example to perform official acts, enforce warrants of execution and/or to conduct court proceedings. VSP shall charge these costs to the client as disbursements.
4.4 In case VSP is given a general engagement to perform collection activities or to do what is necessary to obtain payment of a warrant of execution, it shall be at liberty to make a payment arrangement with the debtor which it views as acceptable.
5.1 For the work it performs, VSP shall charge the fee as determined in its rates. These rates form an integral part of these General Terms and Conditions.
5.2 VSP will be entitled to charge the client the fee to which it is entitled according to the rates even if, without consulting it, the client has made an arrangement or settlement with the debtor, withdraws the collection engagement or fails to notify VSP despite notice of default. These cases will then be equated with having collected the claim in full.
5.3 VSP will be entitled to set off the amounts it has received against everything the client owes it.
5.4 VSP will be entitled to adjust its rates annually on the basis of the monthly index figure according to the consumer price index (CPI) series CPI for all households (2000 = 100), published by Statistics Netherlands (CBS).
6.1 VSP shall not be liable for losses the client has sustained as a result of a failure in performing the engagement, unless the loss can be attributed to it on the basis of intent or gross negligence.
6.2 VSP shall not be liable for losses sustained by third parties as a result of acts performed at the explicit request of the client.
6.3 VSP shall not accept any liability, except in so far as the compulsory professional liability insurance it has taken out entitles it to payment.
7. Advance payments
7.1 VSP will be entitled to require the client to pay a sum determined by it as an advance payment to cover the costs to be incurred.
7.2 VSP will be entitled to withhold an amount to be determined by it from the money it owes the client, and to use this amount as an advance payment on the costs VSP has incurred or still has to incur for that client.
Payment of everything owed to VSP must be made within 14 days after VSP has sent its invoice to its client, failing which an interest payment will be due at a rate of 1% per month from the due date.
9. Extrajudicial costs
If the invoice is not paid within 14 days after sending, the client shall be in default by operation of law. From that time, in addition to the principal sum, the client will have to pay the extrajudicial collection costs. The extrajudicial costs will be charged in accordance with the customary rates of VSP.
10.1 The legal relationship between VSP and its client shall be governed by Dutch law.
10.2 In all cases that arise, disputes shall be brought before the civil division of the Central Netherlands District Court (Rechtbank Midden-Nederland), location Utrecht.
The settlement costs shall be calculated on the basis of all amounts collected, with deduction of all other costs due. Collected amounts, regardless of whom the payment came from, are all amounts paid directly to the bailiff, the claimant and the intermediary, provided the payment was made after the instruction to settle had been given. Other consideration given by the debtor or a third party to the bailiff, claimant or intermediary to settle the claim turned over for collection shall be equated with payment.
12. Fees for intermediaries and clients
12.1 Basic fee
In cases in which VSP compiles a file and the particulars of the case are incorporated in the records, a basic fee of €40.00 shall be due, plus administrative charges, if any (chamber of commerce and suchlike). As soon as the fee to be charged exceeds the basic fee specified, the right to this basic fee shall cease to exist.
12.2 Rates for intermediaries
For preparing and attending personal appearances of parties and for holding inquiries by one of the bailiffs him/herself, or a qualified worker from the latter’s firm, the client shall be charged an hourly rate of €125.00.
If VSP has provided legal or other assistance, including but not limited to assistance such as making observations, seizing evidence or other actions, an hourly rate of €125.00 will be charged if the engagement was carried out on working days, not being holidays or national holidays, on Monday to Friday between 7:00 and 20:00. If the engagement was carried out on other days and at other hours, the client shall be charged an hourly rate of €225.00.
Settlement costs for the settlement of warrants of execution and payments before entitlement to enforcement has been obtained:
-settlement costs 5% on collected amounts up to €10,000.00
-settlement costs 2.5% on the additional amount above €10,000.00
12.3 Rates for clients
On all amounts collected after handling the engagement, VSP charges the client 15% collection commission on the collected part, if necessary plus legal and enforcement costs, barring different written agreements.
Besides the above-mentioned costs, the client will be charged additionally if VSP provided legal assistance in its engagement in the context of legal proceedings where a defence on the merits was conducted. These costs shall be due regardless of the outcome of the legal proceedings. The hourly rate for this work is €125.00.
The client shall be charged an additional sum of €125.00 per hour if VSP has provided legal or other assistance such as making observations, seizure of evidence or other actions if the engagement was carried out on working days, not being holidays or national holidays, on Monday to Friday between 7:00 and 20:00. If the engagement was carried out on other days and at other hours, the client shall be charged an hourly rate of €225.00
13. Official costs and Disbursements
13.1 In principle, the official costs incurred are passed on to the client on the basis of the debtor rates determined by the government. If official activities have been or will be performed for which the debtor rates determined by the government do not specify a fee, the client shall owe a fee related to the debtor rate for similar acts.
13.2 For an official act of no avail, the cause of which cannot be blamed on VSP, the clients shall be charged half of the applicable debtor rate. For a bailiff’s notification already finalised, which is cancelled at the client’s request, the client shall be charged €25.00.
13.3 For official acts that have to be performed on the day of receipt of the engagement within normal office hours, a surcharge or rush charge of 100% may be charged in addition to the debtor rate.
13.4 For official acts that have to be performed outside normal office hours, a surcharge of 100% and/or the hourly rate as referred to in clause 12.2 third sentence shall be charged in addition to the debtor rate.
13.5 If VSP acts as transmitting/receiving agency as referred to in Regulation (EC) No 1393/2007, for activities not coming under the official acts for which a debtor rate has been determined, €125.00 per hour shall be charged. A half hour will be charged for each form filled in. For engagements directed against parties residing/established abroad, and to which Regulation (EC) No 1393/2007 is not applicable, an hourly rate of €125.00 will be charged for additional preparatory work. These activities include, but are not limited to filling in and sending the prescribed forms and consultation by telephone and in writing, among other things. If work or official work is involved which VSP can reasonably consider special, VSP shall charge the consultancy rate of € 125.00 per hour in addition to the debtor rates determined by the government. Special work is, for example, labour-intensive and/or time-consuming acts that demand more care and time than usual. The payment for disbursements and the costs of any assistants which cannot be recovered (in full) from the debtor according to the debtor rates determined by the government, or have not been paid (in full) by the debtor, shall be passed on to the client.
All amounts mentioned in these Terms and Conditions are exclusive of the turnover tax due on them.