General Terms & Conditions

Cor Merx Legal Services

General Terms and Conditions

  1. Cor Merx legal Services, is a public company with limited liability ("naamloze vennootschap") incorporated under The Laws of the Netherlands Antilles.

  2. These General Terms and Conditions shall apply to all work assigned by clients of CMLS to CMLS, to the (managing) director(s) of CMLS, and/or to the employee's of CMLS.

  3. All work is deemed to be assigned to and accepted by CMLS. Notwithstanding Articles 7:404, 7:407 paragraph 2 and 7:409 of the Civil Code of the Netherlands Antilles, the (managing) director(s), the associates of CMLS, as well as persons (otherwise) employed at CMLS shall not be obliged to perform such work personally, nor shall they be personally held liable with respect to such work. The assignment of work shall not terminate as a result of the death of the above, even if the work had been assigned to a particular individual.

  4. Professional fees payable by the Client shall be calculated on the basis of the number of hours worked multiplied by the applicable hourly rate as established for a particular lawyer by Cor Merx legal Services. Cor Merx legal Services reserves the right to change the hourly rate for the various lawyers as well as the percentage of the surcharge for administrative costs and - if changes in the Law admits- the turn over taxes from time to time at its full discretion.

  5. Payments shall be made without any restriction in U.S. or ANG currency at the offices of Cor Merx legal Services either by cash or (certified) check or by wire transfer into a bank account designated by Cor Merx legal Services, within 14 days of the date of the invoice.

If the Client does not object explicitly to the invoice within a period of 14 days as mentioned above, the invoice will be considered approved by Client.

In the event that Client has not paid the invoice he \ she shall automatically be in default, without any further notice of default being required. In case Client fails to pay one or more invoices, Cor Merx legal Services has the right to discontinue or suspend any and all activities for the Client at once and until the outstanding invoice(s) have been settled in full.

All unpaid invoices are subject to interest of 1 % per month and reasonable collection fees, including but not limited to reasonable attorney fees.

CMLS shall exercise due care in the instruction of third parties. CMLS is in no way liable for any faults on the part of such third parties.

  1. Any liability on the part of CMLS is limited to the amount that is, in that particular case, paid out under CMLS malpractice insurance policies.

  2. 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.

  3. Any and all claims and/or rights against CMLS shall expire and are therefore not enforceable after a period of one (1) year consequent the moment in which the party involved becomes or could have become aware of the existence of such claim(s) and/or right(s).

  4. These General Terms and Conditions are also stipulated - without prejudice to Articles 2 and 3 above - on behalf of any and all third parties engaged in carrying out or performing of the work assigned, as well as on behalf of persons that are or have been employed and/or parties that are or were retained by CMLS.

  5. CMLS its activities for the client will start firstly or will be continued after the client will have paid a payment in advance or where appropriate, collateral will have provided. The amount of it is always dependent of the importance (Court Fees) and heaviness of the matter (fees lawyer). The amount will be determined in reason by CMLS.

  6. CMLS will return at the moment of finishing the work the pieces from the file to the client after it has appeared that all being open accounts are satisfied/paid. CMLS will archive the remaining pieces and after a period of 5 years it will be destroyed.

  7. CMLS has been entitled certain use matter of a client for publicity aims or for study aims and taking into account the privacy of the client. Also it has been entitled CMLS to cooperating in publicity of the matter such as (but not restrict to) placing whole or the part on the Internet site of CMLS. Here too taking into account the privacy of the client.

  8. CMLS are free, if necessary, mutual regulate replacement possibilities for acting in Court.

  9. CMLS can be fixing the contents of conversations held by them that operative at CMLS on sound bearers.

  10. The legal relationship between CMLS and those who retain its services shall be governed by The Laws of the Netherlands Antilles. Any disputes arising out of this relationship shall be resolved by the Court in First Instance on Sint Maarten.

  11. These General Terms and Conditions have been drawn up in both the Dutch and English language. In the event of a dispute regarding the content or intent of these General Terms and Conditions, the Dutch version shall be binding.




  1. The cost of the collection fee amounts15%. In principle this amount should be paid by the debtor. In case the debtor pays the client directly the client still owes Cor Merx Legal Services the above mentioned 15%. This is just in case the collection was done successfully.

  2. We will require a deposit to cover our initial expenses, which will include, but are not limited for bailiff fees, court filling fees and lawyer fees.

  3. Out-of -pocket expenses ( for instance: expenses that may be incurred by us in the event of research being but not limited to travel expenses, daily allowances, charges for investigative reports etc) also have to be paid in advance. The out-of pocket expenses will only be made after your written approval.

  4. In the event of Court action followed by a judgment stating that all the Court cost have to be paid by the debtor we also will collect those cost.

  5. We reserve the right to refuse or discontinue a collection if, to our sole discretion, the claim appears invalid or, if the debtor offers insufficient recourse.

  6. After deduction of our commission from each payment, all monies received will be remitted in the month subsequent to that in which it is collected.

  7. Fees are excluded of Administration fee (5%) and Turn over Tax (3%).

VERSION: 12 oktober 2006