General service conditions Brantsandpatents bv
Article 1. General
1.1 These general conditions are applicable on the services provided by
Hereafter Brantsandpatents bv is referred to as BAP.
1.2 All stipulations in these general terms and conditions shall also apply in respect of anyone who, whether or not as an employee, performs work for BAP’s office organization, and in respect of anyone who for or on behalf of the partnership performs work for legal persons as mentioned in Article 1.1, including the partners of the partnership in so far as they have legal personality.
1.3. As Client is considered the physical of legal person giving instructions to BAP to handle the order. As the Client is also considered the physical or legal person on whose behalf the former has given instructions to BAP to handle the order.
Article 2. Performance and scope of order
2.1 Any mandate given by the Client to BAP shall be in writing. It will specify the name and the capacity of the Client and the subject matter for which it has been written.
2.2 The Client shall provide BAP in a timely manner with all information and instructions necessary for the handling of an order. If through a lack of information or instructions from the Client non-observance of a time limit is imminent, BAP shall, if possible, request an extension of such time limit. For such work, fees and disbursements shall be charged to the Client, in the manner as provided for in Article 4.
2.3 Correspondence received by BAP in respect of cases for the renewal of which BAP is not responsible shall upon request be forwarded to the Client. For such work, fees and disbursements shall be charged to the Client, in the manner as provided for in Article 4.
2.4 If in the course of executing an order it appears that upon continuation of such execution an essential conflict of interest may arise with a previous order of another Client, BAP is entitled to terminate its work on the first-mentioned order.
2.5 An order can be considered accepted upon written confirmation by BAP, or after BAP has initiated work on said order. An order to file a patent application or to take over representation or perform other work implies an order to report on the developments regarding the order and – if necessary without consultation – to do all that is required to maintain the rights applied for or obtained. However, non-performance by BAP of work it has not been explicitly instructed to do can never give rise to any liability.
2.6 In carrying out an order, BAP is entitled to engage third parties. In the selection of such third parties BAP observes due care and attention.
2.7 BAP shall use all reasonable means necessary but does not guarantee the result. The liability is restricted to the cases and amounts as provided in article 3.
Article 3. Exclusion of liability
3.1 Brantsandpatents bv excludes any liability for damage caused by work performed by or under the responsibility of any of patent attorneys, trade mark attorneys or lawyers of Brantsandpatents bv, or damage relating to such work that may be attributed to Brantsandpatents bv in any way, unless the Client demonstrates that the damage it has suffered has been caused by gross negligence or intention of De Brantsandpatents bv. In that case, liability shall be limited to the amount paid out under the professional liability insurance taken out by either Brantsandpatents bv plus the amount of the own risk that is not for the account of the insurance company.
3.2 If for whatever reason the liability insurance mentioned in Article 3.1 does not pay out, any liability shall be limited to an amount of € 100,000. The amount to be paid by BAP shall in any case not be higher than the amount the Client has paid to BAP for the order concerned.
3.3 BAP excludes any liability for any incorrectness and/or incompleteness of literature sources consulted by BAP and of the registers consulted by BAP, as well as for any incorrectness and/or incompleteness of the information provided by the Client.
3.4 BAP excludes any liability for damage attributable to third parties it has engaged.
3.5. Electronic correspondence sent by BAP is deemed received by the recipient to the extent BAP has not received any report that the correspondence was not delivered to the recipient. BAP is not liable for any direct or indirect damage caused by the non-receipt of electronic mail by the recipient.
3.6. Any claim against BAP will expire after one year as from the time by which the work to which the claim relates, has or should have ended.
3.7. The client shall indemnify and reimburse BAP for third parties’ claims for damages relating to or arising from acts or omissions by BAP, its personnel or others engaged by BAP in relation to the handling of the order, unless such damage is caused by premeditated acts or omissions by BAP, its personnel or third parties engaged in relation to the handling of the order.
Article 4. Costs, Payments and Invoices
4.1 BAP may at any time require the Client to pay a retainer. BAP is then entitled not to start or continue any work before the retainer has been paid by the Client. Any possible damage due to such non-commencement or discontinuation of work shall be fully borne by the Client.
4.2 Unless agreed otherwise, the Client shall be charged a fee based on hourly rates previously determined by BAP, multiplied by the number of hours devoted to an order. Additionally, BAP also uses fixed fees. All costs (such as official fees, court registry fees, invoices from foreign associates, legalization costs) in connection with the execution of an order shall be charged to the Client.
4.3 All invoices of BAP are immediately payable at the company's corporate address in Ghent.
4.4 After the expiry of 30 days from the date of the uncontested unpaid invoice, the Client is in default and an interest rate and recovering costs will be applied in jure and without prior notice as stipulated in law. Moreover BAP will then be entitled, by right of penalty clause, to increase the unpaid amount with an indemnification of 10% of that unpaid amount, notwithstanding its right to claim full compensation for all damage suffered.
4.5 Contestations of invoiced amounts will only be considered if they are received by BAP through registered mail within 14 days from the invoice date. After that period the invoice is deemed to be accepted by the Client.
4.6 In case of non-payment of the invoice within the above mentioned period, BAP will have the right to interrupt or cease all activities, services and work for the Client or interested third party without prior notice. All possible damages as a consequence thereof will be at the responsibility and for account of the Client or interested third party.
4.7 BAP is entitled to retain the files of the Client and all correspondence relating to the files of the Client until the Client has fulfilled its payment obligations towards BAP.
4.8. If in accordance with article 1.3. multiple physical or legal persons can be considered as Client, they are jointly liable for payment of all sums due to BAP as provided in the above articles.
Article 5. Force majeure
5.1 Without prejudice to its other rights, BAP is entitled in case of force majeure to suspend the performance of an order, or to dissolve the contract for professional services without judicial intervention, without BAP being liable to pay any damages.
Article 6. Dissolution/Right of retention
6.1 BAP is entitled to dissolve the contract with the Client out of court, in writing, if the Client after eight days has given notice, fails to fulfill its obligations, without affecting the right of BAP to claim compensation.
6.2 BAP is entitled, without any warning or notice of default being required, to dissolve the contract with the Client out of court, in writing, if the Client is granted a (provisional) moratorium on payments, the Client's involuntary liquidation has been petitioned for or has been ordered, the Client's company is wound up, the Client ceases its current enterprise, a substantial part of the Client's assets has been attached, in case of death, or the Client must in any other way be deemed incapable of fulfilling its obligations in respect of BAP.
Article 7. Settlement of disputes
7.1 The legal relationship between the Client and BAP is governed exclusively by Belgian law. All disputes between the Client and BAP shall be submitted exclusively to the competent court of Gent (Ghent).
Article 8. Versions of general terms and conditions
8.1 In case of any discrepancy between the English and Dutch texts of these general terms and conditions, the Dutch text shall be binding.
8.2. Any advice, contract, argumentation and other written documents issued by BAP, are protected by copyright and may not be disclosed or reproduced unless express prior written approval from Brantsandpatents BV.
8.3. The whole or partial invalidity of one or more of the above provisions does not entail the invalidity of the general conditions as a whole. An invalid provision will, if necessary, be replaced by a provision of common law, the consequences of which most closely resemble the consequences of the invalid provision.
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