General Terms & Conditions
Advocatenpraktijk Mr. R.T.J.M. Oomen N.V., doing business as Oomen Advocaten or Oomen Lawyers, is a professional private company operating under limited liability, established at Adriaan Lacle Boulevard # 2A, in Aruba, hereinafter also referred to as “the Firm”. The Firm is registered at the Chamber of Commerce of Aruba under number 17941.0
These general terms and conditions shall apply to all work assigned by clients of Oomen Lawyers to its partners, to its managing director, or to the employees of the Firm. The applicability of client’s general terms and conditions is excluded.
All work is deemed to be assigned to and accepted by the Firm as such. Oomen Lawyers’ managing director, the individual lawyers as well as the employees, shall not be considered as performing such work personally, nor can or shall they be personally held liable with respect to such work. Any claim for damages against natural persons, employees or directors of the Firm is excluded. The assignment of work shall not terminate as a result of the death, guardianship or bankruptcy of any of the above, even if the work had been assigned to a particular individual. Article 407 section 2 and article 409 of Book 7 of the Civil Code of Aruba are not applicable.
When engaging third parties on client matters, the Firm will, in so far as practically possible, do so after consultation with the client concerned. It will exercise due care in selecting these third parties. The Firm is in no way liable for any faults on the part of such third parties and is entitled, without prior consultation with the client and on behalf of the client, to accept any liability restriction on the part of third parties it engages.
Anyone making use of the services of the Firm grants advance authorization to those performing the services to disclose to others of the Firm not directly involved in the performance of the services, the information which for the purpose of case management is useful and/or necessary to such others.
Any liability on the part of the Firm is limited to the amount that is actually recovered under the Firm’s malpractice insurance policies in that particular case, increased by the amount of any deductible on such insurance policies. In the event, for whatever reason, no amount will be made payable pursuant to the malpractice insurance policies, the liability of the Partnership will be limited to the amount of the invoices of the Partnership that have been paid by the client in that particular case.
The client’s instructions are carried out exclusively for the benefit of the client. Third parties shall not be entitled to invoke any rights as a result of the work carried out for the client. The acceptance or performance of any work shall not be construed as constituting any warranty or guarantee, implied or express, as to the outcome of any proceedings.
The client holds the Firm harmless against any claim of third parties that is somehow related to the work performed by the Firm for client. Client will indemnify the Firm for all reasonable expenses made with regard to such claims.
The Firm is subject to the statutory customer due diligence requirements (CDD) of the State Ordinance for the Prevention and Combating of Money Laundering and Terrorist Financing (AB 2011, no. 28). If applicable we are required by law to: (i) identify the client and verify the client’s identity using reliable, independent source documents, data or information, (ii) identify the ultimate beneficial owner (UBO) and take reasonable measures to verify the identity of the UBO such that we are satisfied that we know who the UBO is, (iii) identify third parties on whose behalf the client is acting,(iv) determine the purpose and intended nature of the business relationship and (v) keep the foregoing information up to date and monitor the business relationship and transactions undertaken throughout the course of the relationship to determine whether they are consistent with our knowledge of the client and the UBO. By requesting the Firm’s services, client acknowledges to be aware of these obligations and, in so far needed, grants permission to comply with these obligations.
Client authorizes the Firm and all individuals working for the Firm to communicate with client through non secure electronic means, among which email, fax and telephone, unless otherwise agreed upon in writing.
All rights of action, claims and other powers of whatever nature vis-à-vis the Firm related to services provided by the Firm, shall expire in any event one year after the moment on which the party involved is aware or could reasonably be aware of the existence of these rights, claims and powers.
All invoices of the Firm shall be paid in full within 14 days after the date of the invoice, without any right of offset or right to postpone any performance whatsoever. A late payment interest of 1.5% per month shall be applied to any past due amount of any invoice. In addition an extra-judicial collection fee of 15% shall be applied to any unpaid amount.
Without prejudice to the provisions under article 3 above, these terms and conditions are stipulated not only for the benefit of the Firm, but also for the benefit of its partners, including the (managing) director thereof, and of all personnel and other persons who are or have been employed by the Firm.
All relationships between the Firm and its clients, as well as those who make use of its services, are exclusively governed by the laws of Aruba. Disputes arising out of this relationship shall be resolved exclusively by the competent court in Aruba.
These General Terms and Conditions have been registered at the Court of First Instance in Aruba and can be consulted on www.oomenlaw.com.
Aruba, January 1, 2016