General Terms and Conditions (GTC) of:
Stichting RUUV, Mozartlaan 27E, 1217 CM Hilversum
Technical Assessment Body
1 Scope of application
1.1 These General Terms and Conditions (GTC) apply to the provision of services by Stichting RUUV
(hereinafter: RUUV or “we”).
1.2 Unless otherwise agreed in individual cases, contracts with RUUV pursuant to Section 1.1 shall
be concluded exclusively in accordance with these GTC. By placing the order, the client agrees to
these GTC, any underlying standards, schemes or procedural guidelines and the applicable
prices. The applicable standards, schemes or procedural guidelines shall be stated in the
contract; the client shall be informed of the prices before the contract is concluded. Conflicting or
deviating general terms and conditions of the client are only binding for us if we have expressly
confirmed them in writing. Our GTC shall also apply if we perform our services without reservation
in the knowledge of conflicting or deviating terms and conditions of the client.
2 Validity
2.1 These GTC apply from 18-09-2024; they replace all previous editions if any.
3 Conclusion of contract
3.1 A contract with RUUV shall be deemed to have been concluded if an order (based on Annex D
of the RUUV Cerification Scheme) has been fully completed and signed by the client or if an offer
prepared by RUUV has been accepted by the client without reservation. Changes made by the
client in RUUV offers or in order documents shall only become binding upon written confirmation
by RUUV.
3.2 The order for the performance of a service by RUUV contains exclusively the services described
in the underlying standards, schemes or procedural guidelines. Our liability is limited to the
correctness of the agreed services. This does not apply if we are liable in accordance with clause
9.
3.3 Amendments, collateral agreements and supplements require our written confirmation to be
effective.
4 Execution of the order and the client’s duty to cooperate
4.1 Insofar as cooperation on the part of the client is required for the performance of our service, the
client must provide this in good time and at its own expense. Expenses shall only be reimbursed
if this has been expressly agreed in writing.
4.2 If property or plant inspections are planned as part of the Assessment and Verification of
Constancy of Performance (AVCP) process, the client must grant us or the responsible notified
body access to all necessary parts of the plant. Site inspections shall only be carried out by prior
appointment between us and the client. Site inspections may be carried out by RUUV personnel
or subcontracted staff with the necessary competences managed by RUUV.
4.3 If we work outside our company premises, it is the responsibility of the client (if necessary in
consultation with the contact person on site) to ensure a safe working environment by
implementing the necessary measures. This means in detail:
a) All measures taken must comply with the applicable laws, official requirements and provisions
of the accident prevention regulations and recognized safety, and occupational health rules.
RUUV reserves the right to discontinue site or company inspections in the event of an
immediate risk to employees and to continue only when the safe condition has been restored.
The expenses incurred by us up to that point shall be invoiced to the customer even if the
service provision is terminated for the aforementioned reason.
b) Provided machines, equipment, energy supply, etc. must be in perfect technical and safety
condition.
c) Aerial work platforms are generally not operated by RUUV employees. Suitable and tested
equipment and operating personnel must be provided by the client.
d) The client is obliged to inform us about hazards and necessary personal protective equipment
in advance of the activities on site. The client is responsible for instructing RUUV employees
regarding the company-specific hazards on site.
e) Appropriate and tested safety measures against falls from a height must be provided for roof
inspections and work involving a risk of falling. Work at height may only be carried out if
technical measures to prevent falls are in place. If these are not available, RUUV employees
are obliged to wear personal fall protection equipment.
f) Anchor points and other safety measures must be provided by the client.
g) The client is obliged to report requirements regarding the necessary protective equipment
and, if applicable, company-specific requirements to RUUV.
h) The client must ensure that appropriate emergency measures are taken on site, including with
regard to fire protection, environmental protection and first aid. All RUUV employees must be
instructed by the client before starting work.
4.4 The client…
a) designates a company employee with primary responsibility who accompanies the RUUV
employee(s) during the performance of the service at the client’s premises.
b) agrees that the data provided and ascertained may be recorded and processed electronically
and undertakes to notify us immediately of any changes to the aforementioned data. The
declaration of consent and information on which data will be collected within the scope of
specifically agreed services will be made available to the client before the contract is
concluded.
c) agrees that we may have to damage or destroy the items handed over by the client for
testing, approval, certification or conformity assessment in order to provide our services
properly. We therefore do not provide compensation for damage to or destruction of the
client’s items as a result of the proper performance of our services. The transportation and, if
applicable, return transportation of the client’s items shall be at the client’s expense and risk.
However, return transportation shall only be carried out at the express request of the client. In
the case of storage, our liability is limited to our own customary care. If the client does not
wish return transportation, we shall dispose of the items at the client’s expense.
4.5 Expert opinions and relevant information from third parties will only be obtained with the written
consent of the client, unless there is a contractual relationship with these third parties that
guarantees confidentiality in the interests of the client.
4.6 We have the right to have the services asked from us performed by a subcontractor carefully
selected by us and deemed suitable by us.
4.7 We have the right to cancel orders in which the products to be tested and certified are changed
or modified in the course of the procedure and to request a new order for the continuation. This
applies in particular if a new assessment of the scope of testing is necessary for the change.
Test results from canceled orders can be accepted as far as possible.
4.8 We are entitled to issue partial invoices for services rendered in accordance with the contract
prior to the conclusion of the testing and certification procedure. This applies in particular to
accruals for services rendered at the end of the financial year, negative test results and
interruptions to the order. Payments on account are due 30 calendar days after receipt of the
invoice.
4.9 We are entitled to make our services dependent on concurrent payment in whole or in part
without giving reasons.
5 Deadlines and dates
5.1 Deadlines and dates specified by us shall always be deemed approximate, unless a fixed
deadline has been expressly promised or agreed. Insofar as they are nonbinding, we shall only
be in default if the customer has previously set us a reasonable deadline in writing to provide the
service owed without result. In any case, deadlines shall only start to run from the complete
performance of all acts of cooperation owed by the customer and – if an advance payment has
been agreed – from its receipt. Subsequent requests for changes or delayed cooperation on the
part of the client shall extend the performance times appropriately.
5.2 If the client does not fulfill its obligations to cooperate, does not do so on time or does not do so
properly, we shall be entitled, after having previously set the client a reasonable deadline to fulfill
its obligations to cooperate without result, to terminate the process, withdraw from the contract
and invoice our expenses incurred up to that point. We expressly reserve the right to assert
further legal claims.
5.3 If the performance owed by us is delayed due to unforeseeable circumstances for which we are
not responsible (e.g. labor disputes, operational disruptions, transport obstacles, official
measures – in each case also at our suppliers), we shall be entitled to withdraw from the contract
in whole or in part or, at our discretion, to postpone the performance for the duration of the
hindrance. We shall inform the customer immediately of the non-availability of the service or
partial service and, in the event of our withdrawal from the contract, reimburse him immediately
for any consideration already paid. Claims for damages are excluded.
6 Prices
6.1 The prices quoted by us are exclusive of the applicable statutory value added tax. VAT, if
applicable, will be invoiced separately.
6.2 We are bound to the prices stated in our offers for three months, unless the offer contains a
different period. The period begins with the delivery of the offer and ends with the conclusion of
the contract in accordance with section 3.1 of these GTC.
6.3 If no fixed price has been agreed and it becomes apparent during the performance of a service
that the costs will exceed the amount estimated for the client by more than 10%, we will inform
the client of this. In this case, the client is entitled to terminate the contract. We shall then only
invoice the services rendered by us up to this point in time. The same shall apply if we withdraw
from the contract for good cause or if the contract is terminated by mutual agreement. If the
reason for our withdrawal from the contract is a breach of duty by the client, we reserve the right
to assert claims for damages.
6.4 If an agreed appointment for an object or company inspection cannot be carried out or cannot be
carried out as agreed for reasons for which the client is responsible and the client does not
inform RUUV of this in good time, we reserve the right to charge the client an amount of
EUR 199.00 (alternatively an amount corresponding to the current cost equivalent for 1 working
hour including expenses) or, if these costs are higher, to charge the costs of travel to and from
the site separately, unless the client can prove that RUUV has suffered no or only minor damage
as a result. Any further claims for compensation by RUUV shall remain unaffected.
7 Terms of payment
7.1 Our invoices are payable without discount and free of charges in accordance with the agreed
payment plan, unless otherwise agreed, 30 calendar days of receipt of the invoice.
We reserve the right to demand reasonable payments on account and advance payments.
7.2 The client shall only be entitled to set-off rights if his counterclaims have been legally
established, are undisputed or have been recognized by us.
7.3 In the event of late payment, the client shall owe default interest on arrears in the amount
concerned, unless we can prove higher damages to the client. In addition, we are entitled to
charge a lump sum of EUR 40.00 for each reminder sent after default has occurred.
8 Defects, claims for defects, warranty, appeals and complaints
8.1 The order to carry out a test, approval, certification or conformity assessment only includes the
services described in the relevant regulations and procedural guidelines. A review of the general
freedom from defects or suitability of the product or the service provided by the client is not the
subject of the procedures. Consequently, we do not assume any warranty for the correctness
and function or for the other faultlessness of the tested products or other goods and/or services
of the client. Our liability is limited to the correctness of the testing, recognition, certification or
conformity confirmation procedures. This shall not apply insofar as we are liable pursuant to
clause 9.
8.2 If we have provided a defective service, the customer shall give us the opportunity to provide
subsequent performance at least twice within a reasonable period of time. The client shall be
obliged to give notice of termination within a reasonable period of time, unless this is
unreasonable in individual cases or there are special circumstances which justify immediate
withdrawal by the client after weighing up the interests of both parties. Claims for damages shall
only exist in accordance with clause 9.
8.3 Appeals against decisions of the certification body must be submitted in writing by the appellant.
The submission, investigation and decision of appeals shall not put the appellant at a
disadvantage. Receipt of the appeal will be confirmed in writing. If necessary and appropriate to
the procedure, the appellant will receive written progress reports as well as a results report on
the formal conclusion of the appeal procedure.
8.4 Complaints against activities of the certification body or a certified client must be submitted in
writing by the complainant. Receipt of the complaint will be confirmed in writing. If possible,
necessary and appropriate to the procedure, the complainant will receive written progress reports
and a results report on the formal conclusion of the complaints procedure. If RUUV staff confirms
the decision of the certification body, the complainant may appeal to an Appeals Committee
appointed by the RUUV Certification Advisory Board.
9 Liability
9.1 By carrying out testing or certification services, RUUV assumes no liability for the faultlessness
or functioning of products that the client provides to third parties. RUUV is only liable for
damages arising in connection with the testing or certification procedure if it can be proven that
the damage was caused by RUUV.
9.2 We are only liable for damages
a) with wrong or not appropriated intent
b) in the event of gross negligence
c) in the event of culpable injury to life, limb or health
d) in the case of defects that were fraudulently concealed and/or if a guarantee was given for the
existence or non-existence of certain properties.
9.3 In the event of culpable breach of material contractual obligations, i.e. those obligations on the
fulfillment of which the client relies and may rely for the proper execution of the contract, we shall
also be liable in the event of slight negligence; in the latter case limited to the reasonably
foreseeable damage typical for the contract.
9.4 Liability regulations in accordance with sections 9.1 and 9.2 apply both to our own fault and to
the fault of our vicarious agents. Any further liability is excluded. The above limitation of liability
shall also apply in favor of the personal liability of employees and vicarious agents of RUUV.
9.5 The client’s claims for defective performance shall lapse after one year. The period begins upon
receipt of the test report or report or the written statement by the client. This shall not apply to
claims arising from intentional or grossly negligent conduct on the part of RUUV or its vicarious
agents and to claims for compensation due to culpable injury to life, limb or health; these shall
become statute-barred within the statutory limitation periods.
10 Infringement of property rights by the client
10.1 If RUUV suspects that the products provided by the client infringe third-party property rights,
RUUV shall inform the client. We are not obliged to expressly name the property right suspected
of being infringed or its owner.
10.2 The client must provide RUUV with all information necessary to dispel the suspicion within a
period of two weeks after notification of the suspected infringement of property rights.
10.3 If the information provided by the client in accordance with Section 10.2 is not sufficient to dispel
the suspicion of an infringement of property rights, RUUV may request the involvement of expert
third parties to determine the infringement of property rights.
The client must give its consent in accordance with section 4.5. The client shall bear the costs
incurred in connection with the involvement of third parties.
10.4 If the client fails to comply with its obligation under clause 10.2 and does not provide RUUV with
any or insufficient information within the two-week period and if the involvement of a competent
third party in accordance with clause 10.3 cannot dispel the suspicion of an infringement of
property rights or if the client refuses its consent in accordance with clause 4.5, RUUV shall be
entitled to terminate the existing contractual relationship without notice or to withdraw from it
immediately. The client shall reimburse RUUV for all costs incurred up to this point in time within
the framework of the respective contractual relationship.
10.5 The client shall indemnify RUUV on first demand against all third-party claims based on an
infringement of property rights by the client. The client shall compensate RUUV for any damage
caused by the fact that the client has provided RUUV with a product for testing that infringes the
industrial property rights of third parties. This applies in particular with regard to claims asserted
against RUUV by the respective owner of the property rights. RUUV’s claims in this respect shall
become time-barred after five years at the earliest.
10.6 If the suspicion of an infringement of property rights by the client is confirmed or if it is not
possible for the client to dispel this suspicion, RUUV is entitled to inform the holder of the
property rights of the infringement or the suspicion of an infringement of property rights after the
unsuccessful expiry of the deadline set in accordance with Section 10.2.
11 Data protection
11.1 RUUV shall ensure that the applicable data protection provisions, in particular those of the
General Data Protection Regulation and the Federal Data Protection Act (“the applicable data
protection law”), are observed in connection with the conclusion and performance of the
contractual services.
11.2 For the purpose of entering into the contract and for the performance of the contractual services,
personal data of the client, if the client is a natural person, or personal data of employees of the
client, if the client is an entrepreneur, a legal entity under public law or a special fund under
public law, and other affected third parties may be collected, stored and, if necessary, passed on
to third parties. Disclosure to third parties shall only take place insofar as this is necessary for the
performance of the contractual services to the client. This does not apply to information that the
client has authorized us to pass on in advance.
11.3 We may process the personal data collected as part of the contractual services in anonymized
form for statistical purposes, disclose it in accordance with the regulations of the Dutch
Accreditation or Notification Body (RvA), use it within the scope of and to safeguard our own
legitimate interests and disclose data on the basis of obligations imposed by courts or authorities.
11.4 RUUV is entitled to send the client information about RUUV services, provided that the client has
not objected to this being sent by e-mail.
11.5 We may make copies of the documents provided to us for inspection or for the execution of the
order within the scope of the contractual services, insofar as this is necessary for the execution
of the contractual services.
11.6 We will only use persons for the performance of the contractual services who have been bound
to confidentiality by us. We shall ensure that all persons entrusted with the processing or
performance of the contractual services comply with the provisions of the applicable data
protection law.
11.7 All documents and information that we receive in connection with the execution of the order will
be treated as strictly confidential. Without a written declaration of consent from the client, we
shall not disclose any information, with the exception of the information specified in 10.6, 11.2
and 11.3, the documents shall not be made accessible to third parties. This shall not affect
RUUV’s obligation to grant higher-level, authorized bodies, e.g. representatives of accreditation
bodies, access to documents relating to individual processes.
11.8 We reserve the right to publish information on EAD’s or ETA’s that have been withdrawn for
serious reasons, stating the reasons for withdrawal, in order to prevent damage to users of
goods or services from the former certificate holder and to counteract the incorrect use of
certificates.
11.9 Further information on how we process personal data and information on the rights of data
subjects can be found in our privacy policy at https://ruuv.nl (“Privacy statement”).
11.10 If the client is an entrepreneur, a legal entity under public law or a special fund under public law,
the client shall provide its employees or service providers whose personal data is processed in
connection with a contract between the client and RUUV with the information on data protection
under this Section 11.
12 Applicable law and place of jurisdiction
12.1 The substantive law of the Kingdom of the Netherlands shall apply to the exclusion of the conflict
of laws.
12.2 If the client is a merchant, a legal entity under public law or a special fund under public law, all for
all legal actions arising from or in connection with these GTC and the contract concluded with the
client are subject to Dutch legislation.
13 Final provisions
13.1 If a concluded contract exists in another language in addition to English, the English version shall
prevail in the interpretation of the contract.
13.2 Collateral agreements and amendments to the contract must be made in writing to be effective.
13.3 Should individual provisions of these GTC be or become invalid, this shall not affect the validity
of the remaining provisions.
End of document.
