Precision in every scan

Terms and Conditions

V20241115

Clause 1: Applicability of the General Terms and Conditions

These terms and conditions shall apply to all offers, proposals, assignments, contracts, and the execution of assignments by Q-SCAN BV, as well as to anything that arises as a result of or in connection with those offers and/or assignments, unless expressly agreed otherwise in writing.

In case of inconsistencies between the present terms and conditions and those of the Client, the present terms and conditions shall have priority to the exclusion of the Client’s general terms and conditions.

Clause 2: Assignment and acknowledgment

The services/assignments will be set out in writing (via email or communication platforms) by the Client’s employees and mandatories. An acknowledgment and acceptance of the assignment will be sent out by Q-SCAN BV in writing. Alternatively, Q-SCAN BV will relay what services it will or will not perform in connection to the Client’s instructions. Any subsequent changes or additions must be agreed by both parties in writing.

If deemed necessary by Q-SCAN BV for the proper execution of the assignment, it may seek the assistance of one or more experts, network specialists, agents, or correspondents.

Clause 3: Obligations and Responsibilities

Upon issuing the assignment, or as soon as possible thereafter, the Client shall provide Q-SCAN BV with all instructions, data and information required for the effective and efficient execution of the assignment. Specifically, if requested by Q-SCAN BV, the principal shall provide written information in the manner specified by Q-SCAN BV. The Client shall also undertake to procure all necessary access for Q-SCAN BV and its experts/correspondents to goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions.
Q-SCAN BV reserves the right to charge any additional unexpected costs due to excessive delays – the Client will be kept advised of these costs.

Q-SCAN BV shall carry out the accepted assignment to the best of its knowledge and ability, accurately and impartially, as expected from an unbiased expert and mediator. Q-SCAN BV assumes only an obligation to exert its best efforts. If Q-SCAN BV and/or the appointed experts, agents, or correspondents suffer loss due to inaccuracies and/or incompleteness of the information provided by the Client, the Client shall be liable to compensate the affected party/parties for the damage.Q-SCAN BV undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by an order of a competent court of law.

Clause 4: Report

In the course of the assignment, Q-SCAN BV will submit a written preliminary report to the principal detailing its findings and assessment of the cargo or purpose for which the assignment was undertaken. Upon completion, a written final report will be provided, unless not deemed necessary by the Client.

Clause 5: Liability

All services and reports are provided for Q-SCAN’s named Clients’ use only. No liability of whatever nature is assumed towards any other party and nothing in these terms, or the relationship between Q-SCAN BV and its Clients, shall confer or purport to confer on any third party a benefit or the right to enforce any provision of these terms. 

Without prejudice to Clause 6, Q-SCAN BV shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising unless same is proved to have resulted solely from the negligence, gross negligence or wilful fault of Q-SCAN BV or any of its employees.

In the event that the Client proves that the loss, damage, delay or expense was caused by the negligence, gross negligence or wilful fault of Q-SCAN BV, then Q-SCAN BV’s liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a sum calculated on the basis of five times Q-SCAN BV’s charges (VAT excl.) and shall never exceed the absolute amount of 500,000.00 EUR.

Any claims against Q-SCAN BV by the Client shall be deemed to be waived and absolutely time barred upon the expiry of one year from the submission date of the final report to the Client.

Q-SCAN BV shall not be liable for loss of or damage to equipment and other items placed at its disposal by or on behalf of the Client however such loss or damage occurs.

Clause 6: Indemnity

Except to the extent and solely for the amount therein set out that Q-SCAN BV would be liable under Clause 5, the Client hereby undertakes to keep Q-SCAN BV and its employees, agents and sub-contractors indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them, and against and in respect of all costs, loss, damages and expenses(including legal costs and expenses on a full indemnity basis) which Q-SCAN BV may suffer or incur (either directly or indirectly) in the course of the services under these Conditions.

Clause 7: Insurance

Q-SCAN BV shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which Q-SCAN BV may be held liable to the Client under these terms and conditions.

Clause 8: Termination

Q-SCAN BV’s activities shall end upon submission of the final report related to the assignment it accepted.
Q-SCAN BV has the right at its discretion to suspend performance of the Assignment or to terminate the Agreement, without any damages being owed, in case:

  • Q-SCAN BV believes that the Assignment cannot be satisfactorily performed without risk or danger for persons or property,
  • The Client fails to comply with one of its obligations in a timely, complete, and appropriate manner, or there is reason to assume that the Client will not comply with its obligations in a timely, complete and appropriate manner,
  • The Client is declared bankrupt,
  • a bankruptcy claim is filed against the Client,
  • The Client has suspended its payment obligations vis-à-vis its creditors,
  • The Client is in liquidation (voluntary or judicial),
  • Violence is committed or is threatened to be committed against the employees of Q-SCAN BV or any other person hired – directly or indirectly – by Q-SCAN BV,
  • The Client did not pay or threatens not to pay invoices relating to other Assignments

Suspension or termination of the Assignment shall have no effect on the rights of Q-SCAN BV, including the right to payment for works already performed and outstanding expenses.

Clause 9: Payment Terms

The Client shall pay Q-SCAN BV’s fees punctually in accordance with these Conditions and no later than 14 days following the relevant invoice date, or in such other manner as may have been agreed in writing between the parties. Bills of exchange and cheques will only be accepted as payment methods if explicitly agreed upon beforehand. A payment is considered completed only when credited to Q-SCAN BV’s bank account. All associated costs regardless of the paying method should be borne by the principal. In the event of late payment, Q-SCAN BV may charge the legally determined interest on the amount outstanding from the due date until the date of payment.

Any complaints regarding invoices must be submitted to Q-SCAN BV within 8 days from the invoice date, in the form of a substantiated protest via registered mail.

Clause 10: Jurisdiction and Applicable Law

All offers, proposals, assignments, contracts, and the execution of assignments by Q-SCAN BV shall be governed by Belgian law.

Any dispute shall fall under the jurisdiction of the courts located in the judicial district of the registered office of Q-SCAN BV, unless Q-SCAN BV, acting as the claimant, chooses to file its claim with any other Belgian court.

In the event that any provision of these terms is held to be a violation of any applicable Belgian law, statute or regulation the same shall be deemed to be deleted from these terms and shall be of no force or effect. The other provisions shall remain in full force and effect. Notwithstanding the foregoing in the event of any such deletion the parties shall negotiate in good faith in order to agree the terms of an acceptable alternative provision.


Q-SCAN BV – Vierhoevenstraat 105 – 2950 Kapellen – Belgium – BE 1015.699.272
IBAN BE64 1431 3023 7052 BIC GEBABEBB – 0032 (0)479 99 50 17 – team@q-scan.be