General terms of delivery of measurement services
General terms of delivery of measurement services
1 Application of the terms of delivery
1.1 These general terms of delivery of measurement services shall apply to measurement services that the Radiation and Nuclear Safety Authority (STUK) provides on a commercial basis, as well as comparable services, such as:
- Calibration, testing and irradiation
- Radon measurements
- Gammaspectrometric measurements of samples
- Other radiation dose measurements and determinations of radioactivity
- Measurements of the radioactivity of persons
1.2 The general terms of delivery of STUK’s measurement services shall apply unless otherwise agreed with the client.
If the client is a consumer, these terms of delivery shall apply unless the applicable consumer protection legislation stipulates otherwise to the benefit of the consumer.
2 Content and timing of the service
2.1 The content of the service is a measurement service or the provision of a comparable service, or a supplementary service related to either of these. Unless otherwise expressly stated or agreed with the client in writing, the service shall include the analysis of a sample and the delivery of a test report to the client. The service shall be provided in Finnish unless otherwise expressly agreed in writing with the client.
2.2 STUK shall provide the service accurately, using professional personnel.
2.3 STUK shall provide the service within the promised time. Unless the time has been expressly stated or agreed in writing, the service shall be provided without undue delay.
2.4 STUK shall be entitled to extend the delivery time if the delay is due to force majeure, a factor beyond STUK’s control, the client or a factor within the client’s control. A force majeure is an event that makes it unreasonably difficult or impossible to provide the service on time (such as war, state of emergency, radiation or nuclear event tying down STUK’s resources, fire, strike, embargo or other similarly significant and abnormal factor beyond the control of the parties).
3 Prices and payment terms
3.1 The services shall be priced using the unit prices stated on valid STUK’s price list at the time of the order.
3.2 The unit price for measurement, determination or other service provision in the valid price list shall include only the service producing the ordered result. The ‘service producing the ordered result’ involves analysing the provided sample and delivering the result to the client. If an order includes other actions, such as preparation of a sample or an assessment, statement or interpretation based on the result, this service shall be considered a supplementary service subject to a separate charge on the basis of the hourly rates specified on the price list.
3.3 Value-added tax shall be added to the price of service stated on the price list in accordance with applicable legislation.
3.4 STUK is entitled to demand the payment for a service in advance before it begins providing the service.
3.5 The payment must be in STUK’s account within 21 days of the invoice date. If a payment is late, the rate of penalty interest for late payment stated in the Interest Act (633/1982) shall be added to the receivable.
3.6 STUK may assign overdue payments to a third party for debt collection. The collection costs will be charged to the client.
4 STUK’s responsibility for the service
4.1 STUK shall be responsible for providing the ordered service in accordance with these general terms of delivery unless otherwise agreed in writing with the client or affected by compelling consumer protection legislation.
4.2 If STUK uses a subcontractor to conduct part of the work involved in providing a service, STUK shall be responsible for the subcontractor’s work as if it were STUK’s own.
4.3 STUK shall be entitled to rectify an error in a service within a reasonable period of receiving notice of the error. If the error cannot be rectified, the client shall be entitled to a price reduction. If the error cannot be eliminated and the error is substantial in nature, the client shall be entitled to cancel the contract, whereupon STUK must refund the fee paid by the client for the service. The client shall also be entitled to cancel the contract if the service is substantially delayed from the deadline that is agreed or stated or could otherwise reasonably be expected for the provision of the service.
4.4 STUK shall be liable for direct loss or damage due to errors or failings caused by STUK wilfully or through gross negligence. STUK shall not be liable for any other loss or damage, such as indirect or consequential damages.
However, STUK shall be liable for indirect loss or damage incurred to a consumer if the error, loss or damage is due to STUK’s carelessness.
4.5 Unless otherwise expressly agreed with the client in writing, STUK’s liability for damages shall be limited to the price of the order, including value-added tax.
There shall be no upper limit on the liability for damages if the client is a consumer.
4.6 STUK’s liability for the service shall cease twelve (12) months after the information about the result is delivered to the client or is made available for the client to receive.
However, there shall be no upper limit on the liability for errors if the client is a consumer.
5 The client’s right of cancellation, error notification and compensation claims
5.1 The client shall be entitled to cancel the contract by notifying STUK in writing no later than 2 days before the agreed date for the commencement of the service. If the service is not cancelled at least 2 days before the agreed date for the commencement of the service, the client shall be obliged to pay STUK 50 per cent of the value of the service ordered.
Consumers shall be entitled to cancel the contract by notifying STUK in writing no later than 14 days after the service contract is made. Consumers shall be entitled to return purchased products within 14 days of receiving them without stating the reason, providing that the product shows no signs of usage. If a consumer cancels an order, the consumer shall be liable for the costs incurred in returning the product. If the provision of a service has commenced at the request of a consumer before the 14-day cancellation period has elapsed and the consumer cancels the service, the consumer shall be liable to pay reasonable compensation to STUK for the services rendered in fulfilment of the contract before the notice of cancellation was submitted unless the failure to cancel has occurred for a reason attributable to STUK.
5.2 The client must notify STUK in writing of any errors related to the service no later than three (3) months after the error is detected or should have been detected.
Consumers shall be entitled to submit a written error notification to STUK within three months of detecting an error. If a consumer cannot reasonably be required to invoke an error within the time stipulated, the consumer shall submit an error notification within a reasonable period of the date when the error is detected or should have been detected.
In all other cases, the client or consumer shall forfeit the right to a price reduction or a refund of the service price in accordance with clause 4.3.
5.3 Any compensation claims against STUK must be presented within six (6) months of the end of STUK’s period of liability in accordance with clause 4.6. In all other cases, the client shall forfeit the right to present a compensation claim.
However, there shall be no time limit for presenting compensation claims if the client is a consumer.
6 Data disclosure and data protection
6.1 STUK shall process the necessary data, samples and other information provided by the client to enable the service with due care and in strict confidence.
6.2 STUK shall be entitled to use the information it receives in its service operations in STUK’s official duties as an authority. These include the entitlement to store data on the information systems and registers that STUK uses, and the entitlement to use the data as part of regulatory supervision and in STUK’s research, development and survey operations. 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 shall be entitled to publish the information it receives in its service operations in order to carry out its duties as referred to in clause 6.2.
6.4 STUK shall be entitled to disclose the information it receives in its service operations to other authorities insofar as it is necessary to disclose the information to enable the other authority to carry out its official duties. STUK shall be entitled to disclose the information it receives in its service operations to parties other than authorities as stipulated in the Openness Act.
6.5 In derogation from the provisions of clauses 6.2–6.4, STUK shall not be entitled to use, publish or disclose confidential information (such as business secrets) without the client’s consent unless it is otherwise obliged to do so by applicable legislation, court order or international obligations binding on Finland. Confidential information is information subject to confidentiality in accordance with the Openness Act or other legislation.
6.6 In derogation from the provisions of clause 6.5, STUK shall be entitled to disclose the information it receives in its service operations subject to applications in individual cases for the purpose of research or statistics.
6.7 In derogation from the provisions of clause 6.5, STUK shall be entitled to disclose the information it receives in its service operations subject to requests in individual cases to the parties directly or personally concerned by the information.
7.1 All disputes that the parties are unable to settle by agreement shall be brought before Helsinki District Court for resolution. Consumers shall be entitled to submit matters for processing by the Consumer Advisory Service or the European Commission’s Online Dispute Resolution service.
7.2 Dispute resolution shall be subject to the law that applied in Finland when the order was placed.
These terms shall take effect on 1 April 2020 and shall remain in force for an indefinite time.