For work carried out by DenK iP bv and for its quotations and invoices, DenK iP bv makes use of the following General Terms and Conditions.
General terms and conditions:
DenK iP bv is a company which aims to practice the profession as patent attorney and to provide legal advice on intellectual property in the broadest sense. DenK iP bv may, if it deems such necessary or useful for the correct performance of the assignment that has been awarded, engage the services of other experts in the performance of such assignment; the costs of such other experts shall be borne by the client.
DenK iP bv warrants that it will perform the agreed work to the best of its ability and with due observance of the rules of conduct that normally apply in professional practice. DenK iP bv does not guarantee the accuracy or completeness of any data with which it is furnished by the client and does not accept any liability whatsoever in this respect. DenK iP bv shall be entitled to dissolve the agreement in the event that the client provides inaccurate and/or incomplete data, even when this is done in good faith.
The client acknowledges that any work performed by DenK iP bv is consultative in nature. In connection with said nature of the work performed by DenK iP bv and the subjective aspects of evaluation which always play a role in this respect, DenK iP bv excludes any liability for loss or damage arising as a consequence of, or in connection with, the work. DenK iP bv shall only be liable if the loss or damage concerned is caused by willful conduct or gross negligence on the part of DenK iP bv.
Should, despite the exclusions and limitations of liability contained in these General Terms and Conditions, DenK iP bv nevertheless be held liable in any case because of an error caused during the assignment, such liability of DenK iP bv shall always be limited to an amount of maximum €1.022.584, exclusively to recover from DenK iP bv. The term error as mentioned in the previous sentence also includes an omission.
If, by or in connection with the execution of a client's assignment or otherwise physical damage to persons or property is caused, for which DenK iP bv is liable, such liability can only be recovered at DenK iP bv and is limited to the amount or amounts covered by the civil liability insurance that DenK iP bv covers, including the own risk that DenK iP bv carries in connection with the insurance.
In all cases in which DenK iP bv is dependent on the co-operation of third parties, or engages the services of third parties, any liability of DenK iP bv for loss or damage resulting from or relating to any acts or omissions of such third party is excluded.
DenK iP bv shall not be liable for damages resulting from violation on confidentiality of communications which at the request of or with the tacit or express consent of the client takes place by e-mail.
The remuneration for work conducted by DenK iP bv is not dependent on the outcome of the assignment and shall be payable according to the following rates:
- Hourly rates, set by DenK iP bv for agreed work and the costs for general fixed office expenses;
- Direct costs conducted by our work, e.g. remuneration payable to foreign agents/correspondents/experts, travel expenses, costs for translations, for courier services, for long international telephone conversations and costs for a large amount of copies;
- Variable office expenses, such as copying work, costs for telecommunication and stamps.
Hourly rates can be multiplied with a factor depending on the experience and the specialism of the person working on the case, the financial importance and the urgency by which the job has to be done. This factor will be communicated to the client well in advance of starting to work on the case.
DenK iP increases its prices on the 1st of January of each year in accordance with the health index.
Cost estimates given by DenK iP bv are purely for information purposes and are exclusive of VAT. DenK iP bv may adjust the agreed fee in the event of any change in government rates after the conclusion of the agreement, but prior to performance of the assignment.
Unless the client and DenK iP bv expressly agreed otherwise, the client must pay a certain agreed part of the hourly rate and/or costs in advance. If DenK iP bv has sent an advance bill, the client’s assignment shall not be deemed a definitive assignment until the advance bill has been settled. Accordingly, DenK iP bv will not start the work until the advance bill has been settled. An advance so paid shall be deducted from invoiced hourly rates, direct costs and variable office expenses.
The hourly rates, direct costs and variable office expenses will be billed to the client by invoices. It shall be entirely at the discretion of DenK iP bv whether it sends interim invoices for work conducted or for costs incurred and whether it wishes to send additional advance bills for work conducted or for cost incurred for the client.
Bills shall be paid to DenK iP bv as soon as possible and in any event no later than 30 days after the billing date.
If any bill is not paid within the period of payment, the client and/or receiver of the invoice shall be in default without any further notice or warning being required. The client shall then be liable to pay interests for delayed payment to DenK iP bv on the outstanding debt(s) at the rate of 10% per month, with any part of a month being considered as a full month.
If a client fails to settle any bill even after receipt of a reminder, the client shall be liable to pay the principal amount and interest, as well as all extrajudicial and or/judicial costs and a compensation of 15% of the bill with a minimum of €35.
If a client is in default, DenK iP bv may cease its work on behalf of such client with immediate effect without this resulting in any liability whatsoever for loss or damage vis-à-vis the client.
The client should take due note of the fact that non-commencement or cessation of work by DenK iP bv in accordance with article 11 or article 16 can or will result in the lapse of intellectual or industrial property rights for which the client is solely responsible and liable.
Any bill sent by DenK iP bv shall always be paid without any discount or setoff. Disputes of whatever nature shall never give a client the right to refuse to make or suspend payment of any bill unless a complaint has been received in good time by DenK iP bv.
Complaints regarding work performed on the part of DenK iP bv should be received in writing by DenK iP bv within 30 days after the client might reasonably have discovered the failure or failures. Complaints regarding any bill should be received in writing by DenK iP bv within 30 day from the date on which the bill was sent. The client may not enforce any claim against DenK iP bv after the expiry of the terms specified above.
All agreements concluded between DenK iP bv and a client and/or acts performed shall be solely governed and construed in accordance with the laws of Belgium. The Belgian judge shall have sole jurisdiction in hearing disputes existing between DenK iP bv and the client.
These general terms and conditions are also applicable on further instructions and additional assignments of clients.