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General terms of delivery of indoor air alpha track radon detector measurements

General terms of delivery of indoor air alpha track radon detector measurements

1 Application of the terms of delivery

1.1 These general terms of delivery are applied to radon measurements of indoor air carried out with an alpha track radon detector ordered from the Radiation and Nuclear Safety Authority (STUK), such as radon measurements of workplaces, apartments and other occupied spaces, unless otherwise agreed with the customer in writing. 

If the customer is a consumer, these terms of delivery are applied unless valid consumer protection legislation otherwise stipulates in favour of the consumer.

1.2 Other measurement services produced on business grounds are subject to STUK's general terms of delivery of measurement services.

2 Contents and time

2.1 Unless otherwise specified in writing or agreed with the customer, indoor air alpha track radon detector measurement includes, in accordance with clause 3.2, a radon measurement box and its accompanying material and sending them to the customer, an analysis of the sample and a test report, and submitting it to the customer.  

A radon measurement box is a product made to order according to the customer's requirements, which can deteriorate or expire quickly (Chapter 6, Section 16, Paragraphs 1 and 4 of the Consumer Protection Act). Each radon measurement box and measurement result is identified by a barcode. The radon measurement box has a limited operating time due to the need to ensure the quality and reliability of the measurement result and the radon measuring box cannot be reused. Depending on the order, the amount and content of additional materials supplied with the radon measurement box can vary. STUK does not sell the box separately.

2.2 STUK provides the ordered alpha track radon detector measurement with accuracy and high expertise.

2.3 STUK produces the alpha track radon detector measurement within the specified time limit. If the time limit is not specified or agreed separately in writing, the service will be provided without undue delay.

2.4 STUK has the right to extend the delivery time if the delay is due to force majeure, a reason independent of STUK or due to the customer or due to a reason the customer is responsible for. A force majeure is an event that prevents or makes the timely production of an order unreasonably difficult (such as war or state of emergency, radiation or nuclear event that ties up STUK's resources, fire, strike, embargo or other similarly significant and unusual reason independent of the parties).

3 Prices and terms of payment and delivery

3.1 STUK's service price list in force at the time of the order is applied to the unit prices. 

3.2 The unit price for radon box measurement includes:

  • one (1) radon measurement box with accompanying materials (brochures, forms, instructions, return envelopes)
  • delivery of the radon measurement box to the customer in one of the locations in Finland indicated by the customer in accordance with condition 3.7 
  • delivery of the laboratory analysis and the resulting test report to the customer.

The customer is responsible at its own expense for performing the measurement in accordance with the instructions and for delivering the radon measurement box and measurement data to STUK. 

3.3 Value added tax is added to the price for the output pursuant to the price list in accordance with valid legislation.

3.4 STUK has the right to demand that payment for the ordered alpha track radon detector measurement is made in advance prior to commencing the production of the order.

3.5 The payment must be received by STUK 21 (twenty-one) days after the invoice date at the latest. If the payment is delayed, penal interest pursuant to the Interest Act (633/1982) in force will be added to the receivable. 

3.6 The results of the measurement will be released only after the order has been paid, unless otherwise agreed in writing in advance.

3.7 The method of delivery of the radon measurement box is delivery to the customer via Posti Oyj or at the customer's expense from STUK's main office. The shipping price of the product with Posti Oyj's services to the customer has been taken into account in the unit price of the alpha track radon detector measurement, and it will not be refunded to the customer in the event of a pick-up. 

More shipments, re-dispatches or the delivery of additional materials are additional services, which are charged separately according to STUK's service price list. 

4 STUK's responsibilities and rights

4.1 STUK produces indoor air alpha track radon detector measurement in accordance with these general terms of delivery unless otherwise agreed in writing with the customer or stipulated by mandatory regulations pursuant to the Consumer Protection Act.

4.2 If STUK uses a subcontractor, STUK is liable for the work of the subcontractor as if it had performed it itself.

4.3 STUK has the right to correct a defective performance within a reasonable time after being informed of the defect by submitting a new radon box measurement. If the defect cannot be corrected, the customer is entitled to a discount. If the defect cannot be removed and it is substantial, the customer has the right to cancel the agreement, in which case STUK must refund the amount charged to the customer. Moreover, the customer has the right to cancel the agreement if the order is substantially delayed from what was agreed, specified or can be reasonably expected of the performance.

4.4 STUK is liable for direct losses incurred by the customer due to errors or neglect caused by STUK intentionally or through gross negligence. STUK is not liable for any other losses, such as indirect or consequential losses. 

However, STUK is liable for indirect damage caused to the consumer if the fault or damage is caused by STUK's negligence. 

STUK is not liable for damage caused by a reason attributable to the customer, such as an incorrect delivery address declared by the customer, pollution or obsolescence of the radon box due to a failure to fetch the radon box, or failure to comply with the instructions given to the customer regarding radon measurement or damage caused by activities contrary to the instructions.

4.5 Unless otherwise agreed with the customer in writing, STUK's liability for damages is limited to the price charged for the order inclusive of value added tax.
The maximum limit of liability does not apply when the customer is a consumer. 

4.6 STUK's liability expires twelve (12) months after information about the result was submitted to the customer or it has been made available to the customer.
However, the upper limit of liability for defects does not apply when the customer is a consumer.

5 Responsibilities and rights of the customer 

5.1 The customer has no right of withdrawal regarding the radon box measurement. There is no right of withdrawal, because the radon box included in the radon box measurement is a product that is manufactured in accordance with the customer's requirements and that can quickly deteriorate or become obsolete (Chapter 6, Section 16, Paragraphs 1 and 4, of the KSL).

It is the responsibility of the customer to check without delay that the radon measurement box complies with the instructions provided with it. The customer is responsible for ensuring that the measurement is carried out in accordance with the instructions provided.

5.2 The customer must inform STUK of a defect in writing within three (3) months of detecting the defect or of when it should have been detected. 

A consumer customer has the right to make a written error notification to STUK within three months of the finding. If a defect cannot reasonably be claimed by the consumer customer within the time limit, the consumer customer must file a defect report within an otherwise reasonable time after the defect was detected or should have been detected.

Otherwise, the customer or consumer customer loses the right to a discount or refund pursuant to clause 4.3.

5.3 Any claims for damages towards STUK must be presented within six (6) months of the end of the period of STUK's liability in accordance with clause 4.6. Otherwise, the customer loses the right to present a claim for damages.

However, the maximum time limit for lodging a claim shall not apply where the customer is a consumer. 

6 Disclosures and data protection

6.1 STUK processes the information, samples and other materials required for the production of the radon box measurement and submitted by the customer carefully and confidentially.

6.2 STUK has the right to use the information obtained in its operations for performing STUK's official duties. This includes, for example, the right to store information in STUK's information systems and registers, and the right to use information as part of official supervision and STUK's research, development and investigation activities. STUK’s operations comply with the Act on the Openness of Government Activities (621/1999, the Openness Act) and data protection legislation.

6.3 STUK has the right to publish information received in the course of its operations in order to perform the tasks referred to in section 6.2

6.4 STUK has the right to disclose information received in operations to other authorities to the extent required for performance of the duties of other authorities. STUK has the right to disclose information received in operations to persons other than the authority, in accordance with the provisions of the Publicity Act.

6.5 However, by way of derogation from the above mentioned sections 6.2-6.4, STUK does not have the right to use, disclose or disseminate confidential information (e.g. trade secrets) without the customer's consent unless otherwise required by valid legislation, a court decision or international obligations binding on Finland. Confidential information is considered to be information the confidentiality of which is provided for in the Publicity Act or another Act.

6.6 Notwithstanding section 6.5, STUK has the right to disclose data obtained in operations in individual cases by application for research or statistical purposes.

6.7 By way of derogation from section 6.5, STUK has the right in an individual case to disclose data obtained by request in action in an individual case to the party directly and personally concerned by the data. 

7 Disputes

7.1 Any disputes that the parties cannot resolve shall be submitted to the District Court of Helsinki to resolve. A consumer customer has the right to submit the matter to the Consumer Advisory Services or the European Commission's Online Dispute Resolution service (https://webgate.ec.europa.eu/odr/) to resolve.

7.2 The law in force at the time of placing the order in Finland shall be applied in resolving disputes.

These terms and conditions enter into force as of 1 February 2022 and are valid until further notice.