General Conditions of Lexwell Attorneys at Law on Sint Maarten.
The law-firm of Lexwell Attorneys at law on
Sint Maarten, hereinafter also referred to as "Lexwell" or "the
law-firm” is a Limited Liability Company established on Sint Maarten. These
general conditions shall apply to the engagement of the law-firm or their
managing directors, or employees of the law-firm, by clients of the law-firm
for the rendering of legal services.
Lexwell shall not be liable for the acts of
any third parties whose assistance the law-firm uses in the rendering of
services, without prejudice to the law-firm's obligation to exercise due care
in the selection of such third parties, and to the extent reasonably feasible,
to consult with the client concerning the engagement of third parties. Lexwell
shall not be under an obligation to consult with client concerning the
engagement of such third parties as couriers and process servers.
All services shall be rendered by the
law-firm, regardless whether the services of the law-firm have been engaged
with a view to a specific person. The managing directors, and those persons
employed by the law-firm, shall not be personally bound or liable, nor shall
the engagement of legal services terminate as a result of the death, guardianship
or bankruptcy of any of them.
Any liability on the part Lexwell shall be
limited to US$ 25.000,- or to the amount that, in that particular case, is
actually recovered under the Insurance policy for professional liability.
Unless otherwise agreed upon, professional
fees shall be charged at an hourly rate to be increased with 8% for general
expenses. Expenses made by the law-firm in connection with the engagement, such
as court administration fees, Marshall fees, and travel expenses, will be
charged separately. Payment shall be made without deduction or compensation in
U.S. Currency at the offices of Lexwell either by cash or certified check or by
wire transfer into a bank account designated by Lexwell upon receipt of the invoice.
Notwithstanding all other rights of Lexwell, all unpaid invoices are subject to
interest of 1.5% per month and reasonable collection fees. Part of a month will
be regarded as a whole month. In the event that one or more invoices remain
unpaid, the law-firm has the right to inform the client that it will suspend
its services until such time that all outstanding invoices have been paid.
Services include the administration and payment of funds from the third party
Lexwell may request advance payments and the
provision of collateral during any stage of representation. Lexwell is
authorized to suspend its services until the advance is paid or acceptable
collateral has been provided. Lexwell will release the collateral as soon as the
need therefore is not longer present.
The legal relationship between the law-firm
and those who engage its services shall be governed by the laws of Sint Maarten.
Any disputes arising out of this relationship shall be exclusively resolved by
the competent court in Sint Maarten.