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 are applied to measurement services and comparable service tasks ordered from the Radiation and Nuclear Safety Authority (STUK), such as:

  • calibration, testing and irradiation
  • dosimetric services
  • radon measurements
  • gammaspectrometric sample measurements
  • H-3 determinations
  • other radioactivity determinations
  • whole-body measurements of man.

1.2 STUK’s general terms of delivery of measurement services are applied unless otherwise agreed with the client in writing. If the client is a consumer, these terms of delivery are applied unless valid consumer protection legislation otherwise stipulates in favour of the consumer.

2. Content and time of the service

2.1 The content of the service is a measurement service or other comparable service task on producing a result or associated additional service. Unless otherwise specified in writing or agreed with the client, the service on producing a result includes an analysis of the sample and submitting a result report to the client. The service is provided in Finnish, unless otherwise agreed in writing with the client.

2.2 STUK provides the ordered service with accuracy and high expertise.

2.3 STUK provides the service withinthe 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 not dependent of STUK or due to the client or a reason the client is responsible for. A force majeure is an event that prevents or makes the timely production of the service 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

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 pursuant to the price list for the measurement, assay or similar service outputs includes exclusively the service concerning the production of a result. Service concerning the production of a result refers to the analysis of the sample and submitting the result data to the client. If the order includes other measures, such as pre-processing of the sample, an assessment, statement or interpretation based on the result, this service output is considered to be an additional service subject to a charge based on the hourly rates specified in the price list.

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

3.4 STUK has the right to demand that payment for the ordered service output is made in advance prior to commencing the production of the service.

3.5 The payment must be received by STUK (twenty-one) 21 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 STUK may forward an overdue receivable that has not been paid appropriately to a third party for debt collection measures. The client will be charged for the debt collection expenses.

4. STUK’s responsibility for the service

4.1 STUK is responsible for producing the service ordered from it in accordance with these general terms of delivery of STUK’s measurement operations unless otherwise agreed in writing with the client or stipulated by binding consumer protection legislation.

4.2 If STUK uses a subcontractor in a task associated with the production of the service, 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 service performance within a reasonable time after being informed of the defect. If the defect cannot be corrected, the client is entitled to a discount. If the defect cannot be removed and it is substantial, the client has the right to cancel the agreement, in which case STUK must refund the amount charged for the service to the client. Moreover, the client has the right to cancel the agreement if the service is substantially delayed from what was agreed, specified or can be reasonably expected from the performance of the service output.

4.4 STUK is liable for direct losses incurred by the client 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.

4.5 Unless otherwise agreed with the client in writing, STUK’s liability for damages is limited to the price charged for the order inclusive of value added tax.

4.6 STUK’s liability for the service expires twelve (12) months after information about the result was submitted to the client or it has been available to the client.

5. Client’s right of return, notification of defect and claims for damages

5.1 A consumer client has the right to return a product they have purchased within (fourteen) 14 days of receiving it without giving a separate reason. Using the right of return requires that the product has no signs of use. The cancellation requires a written notification submitted to STUK. When the client cancels the order, the client is liable for the costs incurred due to returning the product.

5.2 The client must inform STUK of a defect in the service within three (3) months of detecting the defect. Otherwise, the client loses the right to a discount or refund for the service 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 client loses the right to present a claim for damages.

6. Privacy

6.1 STUK processes the information, samples and other materials required for providing the service and submitted by the client to it carefully and confidentially.  The Act on the Openness of Government Activities (621/1999) and the Personal Data Act (523/1999) are complied with in STUK’s operations.

6.2 STUK has the right to use the information obtained in its service operations, including personal data, for performing STUK’s statutory official duties and the right to use such data in STUK’s own research, development and investigation activities.

6.3 STUK has the right to publish information received in service operations as part of its statutory official duties and STUK’s research, development and investigation activities. The publication right does not apply to personal data concerning the client or other parties concerned.  

6.4 STUK has the right to disclose information received in service operations to other authorities to the extent required for performing the authority’s duties.

6.5 STUK does not disclose personal data concerning the client or other parties concerned to third parties without the client’s consent unless otherwise required by valid legislation or international obligations binding on Finland.

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

6.7 STUK has the right to disclose data obtained in service operations by request 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 client has the right to submit the matter to the Consumer Advisory Services or the European Commission’s Online Dispute Resolution service to resolve.

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

These terms and conditions enter into force as of 1 November 2017 and are valid until further notice.