Fees of STUK's services and General 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
• Gammaspectrometric measurements of samples
• Measurements of the radioactivity of persons
• Other than indoor air alpha track radon detector measurement
• Other radiation dose measurements and determinations of radioactivity

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.

2.1 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).

3.1 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.

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.

5.1 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.

6.1 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 February 2022 and shall remain in force for an indefinite time.

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.

2.1 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).

3.1 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 alpha track radon detector measurement includes:

one (1) alpha track radon detector measurement with accompanying materials (brochures, forms, instructions, return envelopes)
delivery of the alpha track radon detector measurement 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 alpha track radon detector measurement 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.

4.1 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 alpha track radon detector 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.

5.1 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.

6.1 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.

 

7.1 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