General conditions

General conditions

1. 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”.
2. 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.
3. 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).
4. 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).
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.