GENERAL TERMS AND CONDITIONS

General terms and conditions of NV Jusesur, Limited liability company trade name Sewcharan Advocaten, established in Paramaribo

Definitions

In these general terms and conditions, the following definitions shall apply:

  1. Sewcharan Advocaten: the trade name of the limited liability company NV Jusesur
  1. the office: NV Jusesur limited liability company trade name Sewcharan Advocaten in Paramaribo;
  1. client: the contracting party of the firm;
  1. fee: the financial remuneration – excluding turnover tax, disbursements and office expenses as referred to in subsections e and f – which the firm has agreed with the client for performance of the agreement or which applies to the work in question;
  1. disbursements: the costs incurred by the firm in the interest of the performance of the contract, including, for example, fixed fees, costs of third parties (bailiff, expert, etc.);
  1. office expenses: fixed percentage surcharge on the fee due to the cost of office facilities, etc;
  1. the agreement: the agreement for services between NV Jusesur limited liability company, trade name Sewcharan Advocaten and client.

Areas of Law

Sewcharan Advocaten handles all common areas of law in the Surinamese legal system.

Applicability

These General Terms and Conditions shall apply to any assignment, including any follow-up assignment or amended or additional assignment given to Sewcharan Advocaten. Such applicability shall also apply to all legal relations as a result thereof or in connection therewith.

Agreement of services

  1. An agreement for services shall not come into effect until the assignment has been accepted by Sewcharan Advocaten. With respect to the conclusion of an agreement for services, Sewcharan Advocaten may only be represented by advocates and legal assistants affiliated with the firm by virtue of a written power of attorney.
  1. The client agrees that Sewcharan Advocaten shall have the services agreement performed under its responsibility or, if necessary, with the engagement of third parties.
  2. If two or more persons have jointly given an assignment, they shall be jointly and severally bound to Sewcharan Advocaten.

Billing

  1. For the execution of an agreement, the client shall owe the fee plus disbursements, office expenses and turnover tax. The fee or the advance on the fee will be communicated to the client at the conclusion of the assignment.
  1. In addition to the fee, the client shall owe office expenses as described above in Article I sub f.
  1. If Sewcharan Advocaten acts on behalf of the client in legal proceedings, the client shall also owe disbursements, as described above in Article I sub e. The amount of these disbursements varies with the nature of the legal proceedings, the client’s role in these proceedings as plaintiff or defendant, et cetera. These expenses do not constitute remuneration for the activities of Sewcharan Advocaten, but are payable to the relevant third party, such as the court concerned, the bailiff, etc. Sewcharan Advocaten shall send such so-called disbursement invoices to the client immediately upon receipt or such costs shall be charged in advance. The client shall at all times pay such invoices to Sewcharan Advocaten immediately upon receipt.
  1. Work performed shall be invoiced at regular intervals, regardless of the scope of the work and the stage the work has reached.
  1. If a fee has been agreed upon Sewcharan Advocaten shall always be entitled to require payment of an advance from the client. Any advance payment received shall be deducted from the final invoice.
  1. Sewcharan Advocaten reserves the right to amend its terms and conditions provided that, except in the event of special and unforeseen circumstances, the amended terms and conditions shall only apply to assignments given after the amended terms and conditions have come into effect.

Payment

  1. Only payment by transfer to one of the bank accounts in the name of Sewcharan Advocaten, or by payment in cash at the office of Sewcharan Advocaten against proper proof of payment shall result in discharge of the client. Payment by settlement or set-off is excluded.
  1. Payment of Sewcharan Advocaten’s invoices shall be made within 14 days of the invoice date. If this period is exceeded, the client shall be legally in default and shall owe a default interest of 1% (one percent) per month.
  1. If Sewcharan Advocaten takes collection measures against the client who is in default, all extrajudicial and judicial costs related to such collection, with a minimum of SRD 1,500 (one thousand five hundred Surinamese dollars), shall be charged to the client.

Liability

  1. Any liability of Sewcharan Advocaten to clients and/or third parties for damages arising out of or in connection with the performance of an agreement shall always be limited to the amount claimed under the professional liability insurance in the case in question, plus the amount of the deductible under the relevant insurance policy.
  1. If and to the extent no payment is made under such insurance for whatever reason, any liability of Sewcharan Advocaten shall be limited to the aforesaid deductible under such insurance.
  1. When engaging third parties the firm shall always exercise due care. However, the firm is not liable for any shortcomings of these third parties and is indemnified by the client in this respect. The firm is entitled to accept on behalf of the client the general conditions of third parties if applicable with limitation of liability.
  2. The limitation of liability shall also apply in the event that the firm is liable for errors made by third parties engaged by the firm or for the improper functioning of equipment, software, data files, registers or other items used by the firm in the performance of the contract, none excluded.
  3. If, notwithstanding the provisions under letters a to d and f, Sewcharan Advocaten should nevertheless be liable in the event of a dispute for damages suffered that exceed the amount of the excess of the professional liability insurance (hereinafter to be referred to as: the excess), Sewcharan Advocaten’s liability for such fault for the excess shall be excluded.
  4. The limitation(s) of liability set forth in this provision, with the exception of the limitation of liability set forth in subsection (e), shall not apply in the event of damages resulting from willful misconduct or gross negligence on the part of any of the attorneys representing Sewcharan Advocaten in the performance of an assignment.
  5. If and insofar as, for whatever reason, no payment should be made under the insurance policy or policies, or no such insurance policy or policies are in force, any and all liability shall be limited to an amount of SRD 30,000.– (thirty thousand Surinamese dollars) or, if the fees charged by Sewcharan Advocaten in the matter concerned are higher, to that amount with a maximum of SRD 40,000.– (forty thousand Surinamese dollars).

Expiration period

All claim rights of the client against Sewcharan Advocaten in connection with work performed by Sewcharan Advocaten shall expire twelve months after the time the client became aware or could reasonably have become aware of the existence of the said claim rights.

Nullity

In case a provision in these terms and conditions should be null and void or annulled, the other provisions shall remain fully applicable. The null and void or annulled clause will then as far as possible be assigned corresponding meaning, which can be invoked.

Disputes

All agreement are governed by Surinamese law. Disputes shall be settled exclusively by the competent court in Paramaribo.

These General Terms and Conditions are also available in English. In the event of a dispute concerning the contents or scope of these General Terms and Conditions, only the Dutch text and its meaning in the Surinamese jurisdiction shall be binding.

Paramaribo, February 8, 2010