contractual bases

General Terms and Conditions

Terms and conditions for services and projects of 3DScan Solutions GmbH.


§ 1 scope

  1. These terms and conditions apply to all services provided by 3DScan Solutions GmbH. Any differing terms and conditions of the client shall only apply if we agree to them in writing.
  2. Clients can be both consumers and businesses.
  3. These terms and conditions are primarily aimed at entrepreneurs within the meaning of § 310 para. 1 of the German Civil Code (BGB).
  4. If the client submits their own terms and conditions, these will only apply if we expressly accept them in writing.

§ 2 Information and characteristics of the services

  1. All performance figures are average values. Changes in execution or content may occur for technical or organizational reasons.
  2. References to standards or technical specifications do not constitute guaranteed properties unless they are explicitly designated as such.
  3. Guarantees are only given if we confirm them in writing as "guaranteed".
  4. We are permitted to use qualified third parties to provide the services.

§ 3 Contract

  1. Based on the information provided by the client, we will prepare a non-binding cost estimate.
  2. We can accept an offer from the client within 10 days, unless a different deadline has been agreed.
  3. A contract only comes into effect upon our written order confirmation.

§ 4 Additional work and order disruptions

  1. If the order volume changes significantly, we will inform the client in writing. Additional compensation will be incurred if the service is necessary, in the client's interest, and was reported immediately.
  2. If provided geodata is unsuitable or if work is disrupted for other reasons, a daily cancellation fee of up to €3.500 net may be charged. Travel and accommodation expenses are borne by the client.

§ 5 prices

All prices are net prices plus statutory VAT. Shipping and transport costs as well as foreign currency fees are borne by the customer.

§ 6 Terms of Payment

  1. Invoices are payable within 7 days. Failure to pay within this period will automatically result in default.
  2. Default interest:
    – Consumers: +5 percentage points above the base interest rate
    – Entrepreneurs: +8 percentage points above the base interest rate
  3. If acceptance or collection is refused or delayed without reason, the service is nevertheless considered due.
  4. Set-offs are only possible with recognized or legally valid counterclaims.
  5. Partial invoices are permitted if the service extends over several months.
  6. We may require prepayment, especially for first-time customers or those with poor credit.
  7. Receivables can be assigned to a factoring company. In this case, the client must pay the company.

§ 7 Cancellation by the client

  1. The client is entitled to terminate the contract at any time. In the event of termination, 3DScan is entitled to the agreed total remuneration in full (100%) to demand. See §8 Cancellation Fee Schedule
  2. Services already started, capacities booked, project preparations, and internal and external resources are considered fully committed and will be charged in full upon cancellation, regardless of whether they have already been fully executed or not.
  3. In addition, the client all actual costs incurred, in particular expenses of third parties, travel and accommodation costs as well as project-related external costs, to be fully reimbursed.
  4. The client retains the right to prove that 3DScan saved significant costs through the termination or generated revenue through alternative use of the freed-up resources. 3DScan, in turn, retains the right to prove that no or only minor savings were possible.
  5. A reduction or refund of the agreed remuneration will only occur if 3DScan has demonstrably saved significant costs or has been able to utilize the freed-up capacities economically in other ways.
  6. No credit will be given for saved expenses if the termination is based on reasons attributable to the client or if work already started or capacities reserved cannot be used otherwise.

§ 8 Cancellation Fee Schedule

In the event of cancellation by the client, the following flat-rate cancellation fees apply, each based on the agreed total remuneration:

  • up to 30 days before the start of the service: 25%
  • 15-29 days before the start of the service: 50%
  • 7-14 days before the start of the service: 75%
  • 2-6 days before the start of the service: 90%
  • 1 day before the start of the service or on the day of the service: 100%

Full payment is due once services have commenced; costs already incurred, expenses of third parties, as well as travel and accommodation costs must be fully reimbursed regardless of when.

The client reserves the right to prove lower saved expenses; 3DScan can prove lower savings and demand a correspondingly higher fee.

§ 9 Right of withdrawal from 3DScan

We can withdraw from the contract if:

  1. the performance is impossible,
  2. no access to the property exists
  3. the client refuses to provide the necessary cooperation,
  4. external conditions (weather, safety) prevent execution,
  5. Permits are no longer required.

In these cases, existing claims for remuneration remain valid and expenses must be reimbursed.

§ 10 Acceptance of services

  1. The statutory regulations regarding acceptance apply.
  2. Services are considered accepted when they have been communicated to the client and the client does not object in writing within 14 days.
  3. Special statutory provisions (§ 640 para. 1 sentence 3 BGB) remain unaffected.

§ 11 Copyright and usage rights

  1. All generated data, photos, models or videos are protected by copyright.
  2. The client receives a simple right of use, unless otherwise agreed.
  3. Transfer to third parties is possible within the agreed scope of use.
  4. 3DScan may use material for advertising purposes unless a confidentiality agreement exists.
  5. The client may be named as a reference.
  6. Usage rights are only transferred to the client after full payment.

§ 12 Warranty

  1. The statutory warranty rights under the law of contracts for work and services apply (§§ 634 ff. BGB).
    The warranty period is a year from the date of delivery of the service, unless a different deadline has been agreed in writing.
    This reduction does not apply in cases of liability for intent, gross negligence or injury to life, body or health.
  2. The client has received the delivered data, point clouds, models, plans and other work results. immediately, but at the latest within 14 daysThe service must be inspected and any defects reported in writing. After this period, the service is considered approved.
  3. 3DScan takes over No guarantee of suitability geodata, control points, coordinate systems or point clouds provided by the client or by third parties.
    The client is solely responsible for their accuracy.
  4. The results reflect the state at the time of data collection 3DScan assumes no liability for subsequent changes to the object.
  5. Due to external influences such as Vegetation, dust, weather, reflections or obscured areas This can lead to measurement gaps or accuracy deviations.
    If services are performed despite warnings of potential disruptive factors, a warranty regarding Completeness and accuracy locked out.
  6. 3DScan guarantees adherence to the agreed or industry-standard accuracy. Deviations within the usual technical tolerances are not a concern. no defect period.

§ 13 Disclaimer specifically for laser scanning / inventory surveying

  1. 3DScan adheres not for errors, inaccuracies or gaps in the point cloud, in the model or in derived plans, provided these are due to structural, physical or environmental limitations are due in particular to:
  • restricted lines of sight (e.g. furniture, equipment, technology, inventory, installations, people)
  • reflective, transparent or mirrored surfaces
  • dark or highly absorbent materials
  • Weather conditions (rain, fog, dust, wetness, snow)
  • strong sunlight or changing lighting
  1. The responsibility for the Clearing the measuring areasThe client is responsible for ensuring accessibility and providing a suitable data collection environment.
    If surfaces or components are not included in the calculation, this constitutes a problem. no defect period.
  2. If the client certain Control points, survey data or coordinate systems 3DBim takes over as specified. no liability for any resulting errors or consequential damages.
  3. The results are used exclusively for this purpose. agreed purpose (Documentation, BIM model, planning basis, etc.). It is not suitable for use in structural calculations, building code compliance, or safety-critical applications. locked outunless expressly agreed in writing.
  4. 3DScan is not liable for damages resulting from the client's reuse of data without sufficient professional review.

§ 14 Risk and exclusion list for offers

The following items are not included in the scope of services unless explicitly listed in the offer:

A. Risks & Disruptive Factors

  1. Measurement gaps caused by furniture, vehicles, machines, shelves, installations or other obstacles
  2. Obstructions to visibility caused by pedestrian traffic or construction site operations
  3. Interference caused by strong reflections (glass, chrome, mirrors, shiny surfaces)
  4. Influences from water, moisture, snow, precipitation or dust
  5. Measurement deviations due to strong sunlight or poor lighting
  6. Vegetation that obscures or partially swallows up building components

B. Services not included

  1. Clearing the object or removing obstacles
  2. Entering restricted or dangerous areas without prior authorization
  3. Preparation of static analyses or fire protection-related calculations
  4. Creation of drawings or models beyond the agreed LOD/LOI
  5. Exploration of concealed areas (e.g. behind paneling, ceiling cavities, shafts)
  6. Modeling of components that are not visible or clearly identifiable in the point cloud
  7. Generation of data formats that were not agreed upon

C. Obligations of the Client

  1. Ensuring that all rooms are accessible
  2. Keep important construction areas clear for scan positions
  3. Provision of a responsible contact person on site
  4. Provision of binding coordinate systems including metadata
  5. Timely information about special building conditions (e.g., hazardous areas)

§ 15 Liability

  1. We are liable for intentional acts and gross negligence. In cases of simple negligence, liability is limited to typical, foreseeable damages.
  2. Liability for personal injury, damage to health or life remains unaffected.
  3. Liability for data loss is limited to the expenses that would have been incurred with proper data backup.
  4. If services are performed based on supplied data, we are not liable for its accuracy.
  5. The limitations of liability also apply to employees and agents.

§ 16 Law and Jurisdiction

  1. German law applies.
  2. The place of jurisdiction is Augsburg.

Version of 23.11.2025

Terms and conditions as of November 23, 2025 · Page design updated on August 11, 2026