General Terms and Conditions
- Liesker Procesfinanciering B.V. (“Liesker Procesfinanciering”) is a limited liability company incorporated under the laws of the Netherlands. These general terms and conditions apply to all agreements to which Liesker Litigation Funding is a party as a service provider or contractor. Agreements are entered into exclusively by Liesker Litigation Funding and not by the natural persons and legal entities associated with Liesker Litigation Funding. Articles 7:404 BW and 7:407 (2) do not apply.
- Agreements with Liesker Litigation Funding result in an obligation of best efforts, except for an explicit act agreed upon in writing in an individual agreement.
- All prices, percentages and rates quoted by Liesker Litigation Funding are exclusive of VAT. Billings from Liesker Litigation Funding have a 14-day payment period.
Payment of invoices from Liesker Litigation Funding shall be made without setoff and/or suspension. If payment is not made on time, interest of 1% per month shall be payable from the 15th day after the invoice date. All judicial and extrajudicial costs incurred to collect outstanding amounts shall be borne by the client. Extrajudicial costs are due on the basis of a flat rate of 15% of the outstanding claim(s).
- Contestation of invoices, on pain of forfeiture of the right to do so, must be made in writing, stating reasons, within 30 days of the invoice date. Contestation of an invoice does not suspend the payment obligation.
- Without prejudice to the provisions of article 6, any liability of Liesker Procesfinanciering shall be limited to an amount of €50,000.
- For damage to persons or property, any liability of Liesker Procesfinanciering shall be limited to the amount paid out in a relevant case under the business liability insurance taken out by Liesker Procesfinanciering, plus the applicable excess.
- All legal claims, including claims for damages, against Liesker Procesfinanciering shall lapse after the expiration of one year from the day on which the harmed party is aware, or could reasonably have been aware, of both the harm and Liesker Procesfinanciering as the liable party.
- All agreements entered into with Liesker Procesfinanciering also include the authority for Liesker Procesfinanciering to engage third parties for the purpose of executing the agreement and to accept limitations of liability that may be stipulated by these third parties. Liesker Litigation Funding is not liable for third-party errors.
- All agreements concluded with Liesker Litigation Funding are governed by Dutch law. The District Court in ‘s-Hertogenbosch has exclusive jurisdiction over legal claims at first instance arising from agreements concluded with Liesker Procesfinanciering, without prejudice to rights of appeal and cassation.