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Article 1
Small Murray Scheper, attorneys-at-law, to be referred to hereinafter
as the “partnership”, constitute a partnership, consisting
of limited liability companies. A listing of the limited liability
companies may be forwarded, on request. Article
2
The general terms and conditions are applicable to all assignments,
which the clients, to be referred to hereinafter as “the principals”
provide the partnership, or the partners, or their managing directors,
or the employees of the partnership.
Article 3
All assignments are deemed to have been exclusively given to and
accepted by the partnership. In deviation from section 7:404, 7:407,
second paragraph and 7:409 of the Civil Code, the partners, their
managing directors as well as the persons employed by the partnership
are not severally bound nor liable and the assignments shall not
be terminated through their death, regardless of the fact, whether
the commission was given with one particular person in mind.
Article 4
Any liability for the partnership is limited to the amount to which
the current professional liability insurance policy entitles, increased
by the self-insured risk under such insurance.
Article 5
In the framework of executing the assignments the partnership is
authorized to engage third parties, at the selection of whom the
utmost care will be observed. Each and any liability for errors
and omissions committed by these third parties is excluded.
Article 6
The partnership shall see to it that the moneys in its custody,
received from and belonging to third parties, will be deposited
in a separate bank account in the name of Third Party Funds Small
Murray Scheper, attorneys-at-law. The rightful claimants to these
funds shall not be entitled to any interest payment on such funds,
whereas the partnership reserves its rights to compensate any outstanding
invoices with moneys of principals in its custody.
Article 7
The legal fees to be charged to the principal are based on rates
and tariffs per hour, which depend on the experience, the specialistic
knowledge of the lawyer and the candidate-notary and shall be co-determined
by the duration of the legal procedure and the outcome of the action,
or the assignment, as the case may be. A specification of the hours
spent by the partnership in the execution of the assignment, will
be provided at first request from the principal.
Article 8
The partnership is entitled to bill the principal the legal fees,
increased by six percent administrative charges to cover the expenditure
on postage, telephone, telefax, computers, copiers and further costs
incurred by the office. The aforementioned is without detriment
to the right of the partnership to make a one-time billing to the
principal for initiating a file.
Article 9
These general terms and conditions have been stipulated also in
view of the interests of the partners, as well as the managing directors,
the (indirect) shareholders of the partners and all the persons
employed by the partnership.
Article 10
The legal relationship between the partnership and the principal,
will be governed only and exclusively by the law of the Netherlands
Antilles. Disputes shall only be submitted to the Court of First
Instance of the Netherlands Antilles, with territorial jurisdiction
in Curacao for judgment, unless the partnership should wish to approach
another court, for reasons at its discretion.
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