General Terms of Delivery
1. General
1.1 For all services provided by Nordic NDT AB (NAB), the terms of the contract or order confirmation shall apply primarily, these delivery terms secondarily, and, thirdly, the General Conditions of Contract for Consulting Assignments in Architecture and Engineering (ABK 09).
1.2 All quotations are subject to the reservation of intervening assignments.
1.3 A quotation is binding only if accepted within the period stated in the quotation, or, if no period is specified, within a reasonable time, but no longer than 3 months. If a quotation submitted upon request but not accepted has led to work and expenses of non-negligible scope, such as quantity calculations, inspection plans, procedure descriptions, etc., NAB is entitled to reasonable compensation for the work and costs incurred.
2. Client’s Obligations
2.1 The client shall ensure that Nordic NDT AB’s personnel are given the opportunity to carry out their assignment effectively by providing, in good time, all drawings and technical documents necessary for the execution of the assignment, and by designating a suitable location for the work. Where applicable, the client shall, free of charge, provide electrical power (380 V, 25 A, 50 Hz and/or 230 V, 10 A, 50 Hz) to the relevant testing site with satisfactory lighting, as well as necessary working positions/work platforms that meet applicable requirements. Lifting equipment and lifting assistance for handling test objects shall be arranged, and the test objects cleaned and prepared as required. NAB’s personnel shall be given access to sanitary facilities and office space for reporting and documentation of testing activities. Furthermore, the client undertakes to issue and receive directives regarding inspection and safety regulations, and to approve any time sheets/reports.
2.2 When the client requests NAB to carry out an assignment, this shall be done in good time, but no later than 3 working days before the start of the assignment. Costs incurred by NAB due to shorter notice or order placement shall be charged to the client.
3. Safety Measures
3.1 The client is responsible for ensuring that personnel present at or near the workplace follow instructions from NAB’s personnel regarding radiological work, and that all personnel respect barriers and restrictions on movement that such work may impose. If non-compliance causes NAB’s personnel to interrupt their work, the client undertakes to cover the costs associated with such interruptions.
3.2 The client is responsible for ensuring that protective devices, scaffolding, work platforms, railings, and lifting equipment are designed for testing in accordance with applicable regulations. When special personal equipment is required for the execution of the assignment, it shall be provided free of charge.
3.3 The client is responsible for ensuring that any special safety instructions applicable to the workplace or facility are communicated to NAB’s personnel before the assignment begins.
4. Confidentiality
4.1 The laboratory shall, through legally binding commitments, be responsible for handling all information obtained or created in connection with laboratory activities. The laboratory shall inform the client in advance of any information it intends to make publicly available. All information, except information made publicly available by the client or by agreement between the laboratory and the client (e.g., to respond to complaints), shall be considered the client’s property and treated as confidential.
4.2 When the laboratory is obliged by law or by contract to disclose confidential information, the client or relevant person shall be notified of the information disclosed, unless prohibited by law.
4.3 Information about the client obtained from sources other than the client (e.g., complaining authorities) shall be treated confidentially between the client and the laboratory. The source of the information shall be kept confidential and shall not be disclosed to the client unless agreed with the source.
4.4 Personnel, including committee members, suppliers, personnel from external bodies, or individuals acting on behalf of the laboratory, shall keep all information obtained or created during laboratory activities confidential, unless otherwise required by law.
5. Execution of the Assignment
5.1 NAB is entitled to engage subcontractors for parts of the assignment and shall be responsible for the subcontractor’s work as if it were its own.
5.2 If technical documentation or special instructions are lacking, NAB is entitled to execute the assignment using the NAB standard applicable to the test object.
5.3 The client shall actively facilitate SWEDAC or its representatives’ participation in field inspections.
6. Liability
6.1 NAB’s liability for property damage and personal injury is limited to the scope of NAB’s liability insurance. NAB’s liability for financial loss resulting from errors in inspection or testing assignments is limited to the contract sum, but no more than 120 base amounts. Insurance terms will be provided to the client upon request.
6.2 Beyond this, NAB is not obliged to provide the client with any compensation for personal injury, property damage, lost profit, or any other loss, including indirect damage.
6.3 Complaints regarding NAB’s execution of an assignment shall be submitted in writing to NAB as soon as possible and no later than 30 days after receipt of radiograms, testing and inspection certificates, or other assignment documentation, or after the defect was discovered or should have been discovered. If a complaint is not made within this period, the client loses all rights in this regard.
7. Force Majeure
7.1 In the event of circumstances beyond NAB’s control that prevent NAB from completing the assignment, either according to the agreed schedule or in the agreed scope, NAB shall be released from the obligation to perform the assignment and from all liability for delays, additional costs, or other damages suffered by the client.
7.2 The following shall be considered events and circumstances beyond the parties’ control that exempt them from performance: strike, lockout or other labor disputes, fire or other unforeseen operational disruptions at plants or workshops, mobilization and acts of war, requisitions and seizures, changes in political decisions and conditions, and changes in legislation that entail altered rules for the execution of the assignment.
8. Invoicing
8.1 Additional work not specified in the order, as well as extra work resulting from NAB receiving incorrect or incomplete information, shall be invoiced according to the price list applicable at the time of the assignment.
8.2 If, before or during the execution of the assignment, there is reason to assume that the client will not be able or willing to fulfill their payment obligations, NAB is entitled to require financial security. If such security is not provided, NAB has the right to terminate the assignment.
8.3 Payment shall be made according to the payment schedule. If no payment schedule exists, NAB is entitled to demand partial payment once a month (30 days) for the value of work performed. For shorter assignments, the client will be invoiced after completion. Invoices shall be paid within 30 days of receipt unless otherwise stated or agreed. If the parties disagree on any part of the invoice, the undisputed amount shall still be paid. In case of late payment, interest of +12.0% will be charged.
9. Price Adjustment
9.1 NAB’s prices are adjusted annually according to changes in the reference price list. Quoted prices are valid until a new price list is issued.
10. Disputes
10.1 Disputes arising from agreements where these delivery terms apply shall be settled by arbitration in accordance with Swedish law.
10.2 NAB, however, reserves the right to bring an action in general courts regarding payment of outstanding claims.
Otherwise, ABK09 – General Conditions for Consulting Assignments in Architecture and Engineering (2009 edition) applies.
Updated 2021-01-18