General terms and conditions of MASSLAB for business customers.
This English text is a courtesy translation of the Dutch algemene voorwaarden. In the event of any discrepancy or difference in interpretation between the two versions, the Dutch text prevails.
1.1. These general terms and conditions apply to all offers made by the Contractor, to all agreements entered into and to all agreements arising therefrom, insofar as the Contractor acts in the role of supplier or contractor.
1.2. The party using these terms and conditions is referred to as the Contractor. The contractual counterparty is referred to as the Client.
1.3. If provisions in the agreement concluded between the Client and the Contractor conflict with these terms and conditions, the arrangements in the agreement prevail.
1.4. These general terms and conditions are intended exclusively for use by the Contractor and may not be adopted or applied by third parties without express written consent.
2.1. All quotations and offers are without obligation. The Contractor reserves the right to withdraw an offer until no later than two working days after acceptance by the Client has been received.
2.2. If the Client provides information to the Contractor, the Contractor may assume that this information is correct and complete. The offer is based on it.
2.3. All prices stated in an offer are expressed in euros and exclude VAT, as well as any other government levies or taxes. Unless stated otherwise, prices exclude travel and accommodation costs, packaging and storage costs, transport, and costs for loading, unloading and administrative actions such as customs formalities.
3.1. All information provided by or on behalf of the Contractor to the Client, including but not limited to quotations, designs, images, drawings and technical knowledge, is regarded as confidential and may be used by the Client exclusively for the performance of the agreement.
3.2. The information referred to in paragraph 1 may not be disclosed or copied by the Client without the prior written consent of the Contractor.
3.3. If the Client breaches the obligations under paragraphs 1 and 2, the Client owes an immediately payable penalty of €25,000 per breach, without prejudice to the Contractor's right to claim additional damages.
3.4. At the Contractor's first request, the Client is obliged to return or destroy the information referred to in paragraph 1 within a period set by the Contractor. In the event of non-compliance, the Client owes an immediately payable penalty of €1,000 per day, in addition to the right to full compensation.
4.1. The Client cannot derive any rights from advice and information provided by the Contractor, unless these relate directly to the agreed work.
4.2. If the Client provides information to the Contractor, the Contractor may assume that this information is complete and correct and may base its performance on it.
4.3. The Client fully indemnifies the Contractor against claims by third parties arising from the use of advice, drawings, calculations, designs, materials, trademarks, samples or models provided by or on behalf of the Client. Any damage, including legal costs, suffered by the Contractor as a result is entirely at the Client's expense.
5.1. Stated delivery times and execution periods are indicative and do not bind the Contractor.
5.2. The delivery time or execution period only commences once full agreement has been reached on all commercial and technical details, all required information and approved drawings are in the Contractor's possession, the agreed (instalment) payment has been received and all other requirements for execution have been met.
5.3. The delivery time or execution period is extended in the event of:
Unless the Client proves otherwise, it is assumed that the extension of the period is necessary and results from a situation as described above.
5.4. Any costs or damage suffered by the Contractor as a result of delays as referred to in paragraph 3 are entirely at the Client's expense.
5.5. Exceeding the delivery time or execution period does not entitle the Client to compensation or to termination of the agreement. The Client indemnifies the Contractor against any claims by third parties as a result of such exceedance.
6.1. Delivery takes place at the moment the Contractor makes the goods available to the Client at its business premises and has informed the Client thereof. From that moment the Client bears the full risk for storage, loading, transport and unloading.
6.2. If the Contractor and the Client agree that the Contractor will arrange transport, the risk relating to storage, loading, transport and unloading nevertheless remains with the Client. The Client must insure itself against these risks.
6.3. In the case of a trade-in where the Client retains the item to be traded in until the new item is delivered, the risk of the item to be traded in remains with the Client until it has actually been handed over to the Contractor. If the item to be traded in is not in the same condition as at the time of the agreement, the Contractor is entitled to terminate the agreement.
7.1. If, after conclusion of the agreement, an increase occurs in cost-determining factors, the Contractor is entitled to pass this increase on to the Client.
7.2. The Client is obliged to pay this price increase at the Contractor's first request.
8.1. The Contractor is not liable for any failure to perform its obligations if this failure is the result of force majeure.
8.2. Force majeure also includes situations in which third parties, such as suppliers, subcontractors or carriers, fail to perform their obligations or fail to do so on time, as well as external factors such as extreme weather conditions, natural disasters, terrorism, cybercrime, failures in digital infrastructure, fire, power failure, loss or theft of tools, materials or data, road blockades, strikes or import and trade restrictions.
8.3. If, due to force majeure, the Contractor is temporarily unable to perform its obligations, it is entitled to suspend performance. As soon as the force majeure situation has ended, the Contractor will resume its obligations in accordance with its planning.
8.4. If the force majeure is permanent or lasts longer than six months, both parties are entitled to terminate the agreement in whole or in part. Termination by the Client is only possible for that part of the agreement that has not yet been performed by the Contractor.
8.5. Neither party is entitled to compensation as a result of force majeure, suspension or termination under this article.
9.1. The Client is responsible for obtaining in good time all permits, exemptions and other decisions necessary for the execution of the work. At first request, the Client must provide copies of these to the Contractor.
9.2. Unless agreed otherwise in writing, the work does not include:
10.1. Changes to the work in any event result in additional work if:
10.2. Additional work is calculated on the basis of the cost-determining factors applicable at the time the additional work is carried out. The Client is obliged to pay the costs of the additional work at the Contractor's first request.
11.1. The Client must ensure that the Contractor can carry out its work undisturbed and at the agreed time, and that the Contractor has the necessary facilities at its disposal, including:
11.2. The Client bears the risk of and is liable for damage to, theft or loss of goods of the Contractor, the Client and third parties, such as tools, materials or equipment, located at or near the workplace or at another agreed location.
11.3. Without prejudice to paragraph 2, the Client must adequately insure itself against these risks, including the operational risks of the equipment to be used. On request, the Client must provide the Contractor with a copy of the insurance policy and proof of payment of the premium. If damage occurs, the Client must report this immediately to its insurer for further handling.
12.1. The work is deemed to have been completed when:
12.2. If the Client does not approve the work, it must notify the Contractor in writing, stating its reasons. The Client must give the Contractor the opportunity to remedy any defects and to offer the work for completion again.
12.3. The Client indemnifies the Contractor against claims by third parties for damage to parts of the work that have not yet been completed, caused by the use of parts that have already been completed.
Our calibrations of weights are performed with due regard for the guidelines of OIML R111, R76, R51 and EURAMET cg-18, and we endeavour to comply with these standards as closely as possible within our operational and technical capabilities. We exercise the greatest possible care in performing measurements and drawing up certificates, but we accept no liability whatsoever for direct, indirect or consequential damage arising from the use, interpretation or acceptance of this data by third parties.
The Contractor performs calibrations according to internally established procedures based on the relevant requirements of ISO/IEC 17025 and has submitted an application for accreditation to the Dutch Accreditation Council (Raad voor Accreditatie). Until accreditation has been granted, the calibration certificates issued by the Contractor are not issued under accreditation. If an accredited certificate is required, the Contractor can, on request, have a calibration performed by an ISO 17025-accredited partner.
The Contractor is not liable for the measurement results, procedures or outcomes of these external parties. The Contractor is only liable for damage that results directly from an attributable failure. Where the Contractor is liable, this liability is limited to a maximum of 15% of the total order value excluding VAT or, in the case of continuing performance agreements, to 15% of the invoice value over the last 12 months preceding the event causing the damage. If the Contractor is insured for the damage concerned, liability is limited to the amount paid out by the insurer.
The Contractor is not liable for consequential damage such as loss of production, loss of profit, fines, transport costs or equipment downtime; damage caused by third parties such as suppliers or carriers; damage to property in the Contractor's care, including damage to items being worked on or located in the vicinity of the workplace; or damage resulting from intent or deliberate recklessness on the part of auxiliary persons or subordinates of the Contractor. The Client may, if desired, insure itself against these risks.
The calibration certificates issued by the Contractor exclusively reflect the measurement results as established at the time of calibration. The Contractor cannot guarantee that the measurement results remain valid after transport, use, storage or external influences. The validity of the certificate and the frequency of recalibration are entirely the Client's responsibility.
If, during calibration, the Contractor establishes that a weight does not meet the specifications and it is marked as rejected, the Contractor is not liable for consequential damage, business interruption or other financial consequences. The Contractor is not obliged to provide a replacement weight.
The measurement data provided by the Contractor is intended for information purposes only and provides no guarantee for specific applications. The Client is fully responsible for the interpretation and use of the calibration data. The Contractor is not liable for incorrect decisions or production processes based on the measurement results provided.
The Contractor cannot guarantee that the calibration certificates, measurement reports or test results provided meet the specific requirements of an external audit body, standard or certification organisation, such as ISO 17025 for weights or other industry standards. The Client remains responsible for compliance with the regulations and standards within its industry.
The Contractor is not liable for any damage to weighing instruments arising directly or indirectly from a calibration or adjustment, including but not limited to mechanical damage, electronic faults, incorrect measurements or reduced accuracy of the weighing instruments.
It is the Client's responsibility to ensure that the weighing instrument is suitable for the calibration procedure and that any adjustments or recalibrations are applied correctly.
The Contractor is not liable for errors in sealing, defective sealing or damage resulting from a seal.
Request a quote or call us. We calibrate in our own laboratory in Geldermalsen or on site, throughout the Netherlands and Belgium.