TERMS AND CONDITIONS

BetonScan - Professional concrete scanning

Last updated: January 2025

Article 1 - Definitions

In these general terms and conditions, the following definitions apply:

  1. BetonScan: the sole proprietorship BetonScan, specialized in concrete scanning and non-destructive testing, hereinafter referred to as "contractor";
  2. Client: the natural person or legal entity entering into or wishing to enter into an agreement with BetonScan;
  3. Agreement: any arrangement or agreement between BetonScan and the Client, of which these general terms and conditions form an integral part;
  4. Services: all work offered by BetonScan, including but not limited to: rebar detection, drill positioning, utility detection, concrete thickness measurements, GPR scanning, and other non-destructive testing methods;
  5. Report: the written representation of the research results prepared by BetonScan;
  6. Work Location: the location where the Services are performed.

Article 2 - Applicability

  1. These general terms and conditions apply to all offers, quotations, orders, and agreements between BetonScan and the Client, unless otherwise agreed in writing.
  2. Any purchase or other conditions of the Client do not apply unless BetonScan has expressly accepted them in writing.
  3. If any provision of these general terms and conditions is void or annulled, the remaining provisions shall remain in force.
  4. BetonScan reserves the right to amend these conditions. Amendments take effect thirty days after announcement.

Article 3 - Quotations and Offers

  1. All quotations and offers from BetonScan are non-binding unless expressly stated otherwise.
  2. A quotation is valid for 30 days from the date of issue, unless otherwise indicated.
  3. Prices in quotations are exclusive of VAT and any additional costs such as travel expenses, parking fees, and costs for special access measures, unless otherwise stated.
  4. BetonScan cannot be held to its quotations if the Client can reasonably understand that the quotation, or any part thereof, contains an obvious mistake or error.
  5. If acceptance deviates from the offer included in the quotation, BetonScan is not bound by it. The Agreement is then not concluded in accordance with the deviating acceptance, unless BetonScan indicates otherwise.

Article 4 - Formation of the Agreement

  1. The Agreement is concluded at the moment that:
    • The Client has accepted the quotation in writing or electronically; or
    • BetonScan has sent a written or electronic order confirmation; or
    • BetonScan has commenced execution of the Services.
  2. Additions and amendments to the Agreement can only be agreed upon in writing.
  3. BetonScan reserves the right to refuse orders without stating reasons.

Article 5 - Execution of the Services

  1. BetonScan shall execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. BetonScan has the right to engage third parties in the execution of the Agreement.
  3. Execution periods are indicative and do not qualify as strict deadlines unless expressly agreed otherwise in writing.
  4. BetonScan uses advanced measuring equipment according to the current state of technology. The measurement results depend on local conditions and the properties of the structure being examined.
  5. BetonScan does not guarantee that all reinforcement, utilities, or objects in the concrete will be detected. Detection capabilities depend on factors such as concrete quality, reinforcement density, depth of embedment, and electromagnetic interference.

Article 6 - Obligations of the Client

  1. The Client ensures that BetonScan can have timely access to:
    • The Work Location;
    • All necessary information, including drawings, specifications, and relevant data about the structure;
    • Sufficient workspace and lighting;
    • Electricity connection if necessary;
    • Any required permits and approvals.
  2. The Client guarantees the accuracy and completeness of the information provided to BetonScan.
  3. The Client ensures a safe working environment in accordance with applicable health and safety legislation.
  4. If the Client fails to meet its obligations, BetonScan is entitled to suspend execution and charge the resulting costs to the Client.

Article 7 - Access and Site Conditions

  1. The surfaces to be examined must be freely accessible and clean. Loose objects, formwork, insulation, or finishing layers must be removed by the Client.
  2. If the Work Location is not or insufficiently accessible, or if BetonScan cannot perform the Services due to on-site circumstances, travel costs and waiting time will be charged.
  3. BetonScan is not responsible for damage to surfaces inherent to the application of temporary markings, unless otherwise agreed.

Article 8 - Reporting and Delivery

  1. Upon completion of the Services, the Client will receive a Report with the research results.
  2. The Report is delivered digitally unless otherwise agreed in writing.
  3. The Report reflects the situation as found at the time of the investigation. BetonScan accepts no liability for changes made after the investigation.
  4. The Report is intended exclusively for use by the Client and may not be provided to third parties without written permission from BetonScan.

Article 9 - Prices and Payment

  1. All stated prices are in Euros and exclusive of VAT unless otherwise stated.
  2. BetonScan is entitled to increase the agreed prices if cost-determining factors have increased after the conclusion of the Agreement.
  3. Payment must be made within 14 days of the invoice date, in a manner specified by BetonScan, unless otherwise agreed.
  4. If the payment term is exceeded, the Client is in default by operation of law and owes interest of 1% per month on the outstanding amount.
  5. All reasonable costs incurred in obtaining payment out of court are at the expense of the Client. The extrajudicial collection costs amount to a minimum of 15% of the outstanding amount with a minimum of EUR 150.
  6. The Client is not entitled to set-off or suspension of payments.

Article 10 - Complaints and Claims

  1. Complaints about the work performed must be reported in writing and with reasons to BetonScan within 8 days of discovery, but no later than 30 days after performance of the Services.
  2. Submitting a complaint does not suspend the payment obligation.
  3. If a complaint is justified, BetonScan will perform the work as agreed or provide an appropriate solution.

Article 11 - Liability

  1. BetonScan is only liable for direct damage that is the direct result of an attributable failure in the performance of the Agreement.
  2. BetonScan's liability is limited to the amount paid out by the liability insurance in the case concerned, plus the amount of the deductible.
  3. If the insurance does not provide coverage, liability is limited to a maximum of the invoice amount of the relevant order.
  4. BetonScan is never liable for:
    • Indirect damage, including consequential damage, lost profits, missed savings, business interruption, or damage to third parties;
    • Damage resulting from incorrect or incomplete information provided by the Client;
    • Damage resulting from failure to detect reinforcement, utilities, or other objects, insofar as this results from the technical limitations of the equipment used or unfavorable local conditions;
    • Damage resulting from the actions or omissions of the Client or third parties based on the information provided by BetonScan.
  5. The Client indemnifies BetonScan against all claims from third parties related to the work performed by BetonScan.
  6. The limitations included in this article do not apply if the damage is due to intent or gross negligence on the part of BetonScan.

Article 12 - Force Majeure

  1. BetonScan is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure.
  2. Force majeure means: all circumstances beyond BetonScan's control, including but not limited to: extreme weather conditions, natural disasters, war, terrorism, strikes, pandemics, government measures, utility failures, fire, and equipment defects.
  3. If the force majeure continues for more than 60 days, both parties have the right to terminate the Agreement in writing without any obligation to pay compensation.

Article 13 - Intellectual Property

  1. All intellectual property rights to the Reports, methods, designs, and advice developed or made available by BetonScan remain with BetonScan.
  2. The Client only acquires a non-exclusive right of use for the purpose for which the Services were performed.
  3. The Client is not permitted to reproduce, publish, or provide Reports or other documents to third parties without prior written permission from BetonScan.

Article 14 - Confidentiality

  1. Both parties are obliged to maintain confidentiality of all confidential information they have obtained from each other in the context of the Agreement.
  2. This confidentiality obligation does not apply to information that:
    • Was already public at the time of disclosure;
    • Has become public through no fault of the receiving party;
    • Must be disclosed pursuant to legal provisions or court order.

Article 15 - Cancellation and Termination

  1. In case of cancellation of the order by the Client, the following compensation is due:
    • Cancellation more than 48 hours before commencement: no costs;
    • Cancellation between 24 and 48 hours before commencement: 50% of the quoted amount;
    • Cancellation less than 24 hours before commencement: 100% of the quoted amount.
  2. BetonScan is entitled to terminate the Agreement with immediate effect if:
    • The Client fails to meet its obligations;
    • The Client has been declared bankrupt or has applied for a moratorium;
    • The Client ceases its business activities.
  3. Upon termination, all claims against the Client become immediately due and payable.

Article 16 - Privacy and Data Protection

  1. BetonScan processes personal data in accordance with the General Data Protection Regulation (GDPR).
  2. Personal data is only used for the execution of the Agreement and is not provided to third parties unless necessary for the execution of the Agreement or BetonScan is legally obliged to do so.
  3. BetonScan takes appropriate technical and organizational measures to protect personal data against loss or unlawful processing.
  4. The Client has the right to access, correct, and delete their personal data in accordance with the GDPR.

Article 17 - Applicable Law and Disputes

  1. All Agreements between BetonScan and the Client are exclusively governed by Dutch law.
  2. The parties will only bring a dispute before the court after they have made every effort to resolve the dispute through mutual consultation.
  3. Disputes are exclusively submitted to the competent court in the district where BetonScan is established.

Article 18 - Final Provisions

  1. These general terms and conditions are registered with the Chamber of Commerce.
  2. The most recently registered version or the version that applied at the time the Agreement was concluded always applies.
  3. The Dutch text of these general terms and conditions prevails over translations thereof.

BetonScan
Email: info@betonscan.nl
Website: betonscan.nl

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