Terms and conditions – Gestical Shop

Contractual Terms and conditions of Gestical (Switzerland) SA -V.1.1.2020

1.General conditions

These present contractual terms and conditions are applied to all the deliveries and to all the service presentations provided by the company Gestical (Switzerland)SA, hereinafter referred to as “Gestical”. Eventual derogations will be valid only if decided on common agreement and in written form. Gestical will not be held for any additional general conditions eventually associated in any form, in order sent to the management itself, to this without the rejection of all the other general conditions are mentioned in any case. Eventual questions not addressed specifically in these clauses, will be treated according to Switzerland law. These present terms and conditions cancel and replace all the previous terms and conditions.

2.Offers

Unless indicated otherwise, explicitly stated in our offers the proposals are valid for three months. Gestical reserve the right to cancel the order, in whole or in part if the suppliers of the Gestical itself were not able to respect the commitments assumed by them.

3.Orders, Order confirmations and cancellation.

Once receive the order confirmation, the customer is obliged to report to Gestical, within a period of eight days, any obvious defect found in the aforementioned order confirmation. In absence of objections raised by the customer within the aforementioned term, the terms and conditions of the order confirmation will apply. The same applies to terms of delivery and more generally for orders on request and agreements relating to goods withdrawals.

4.Price, Representations, Mass, Weight

The price revisions are confidential and can be take effect without notice. The offered prices are valid till the offer expires. Prices are generally VAT excluded. Gestical reserve the right to change the type of realization and dimensions. The company has the right to replace the materials used with other equivalent materials. The images used in our catalogue are purely illustrative. Under no circumstances may constitute a valid complain the non-correspondence of the colour of the material object of supply compared to what is shown in the catalogue.

The colours of the articles represented in the images on the catalogues, price lists, seller’s website, Magazines and more, they are purely indicative as the images and must be understood as purely indicative.it reserve the right to change without any prior notice the technical and aesthetic characteristics of its own production according to continuous technological evolution ensuring in any case the quality of the sold product.

5.Delivery and withdrawal obligation

From the order confirmation follows the delivery obligation. Gestical will however be exempted from the obligation of complete delivery on the date confirmed in the first declaration in case of force majeure, strike and in case of delay on delivering the material. In case of deliveries of goods, the delivery obligation is to be considered accomplished with the delivery of the goods to the carrier. The customer is liable to verify the delivery of the goods and services requested by them on the scheduled date. There isn’t any termination clause provided in case of delay.

6.Assembly, Commissioning, Management and Maintenance

Assembly, commissioning and management and maintenance of goods and the services provided must be carried out according Gestical guidelines and instructions. These operations can be performed by Gestical or by third parties authorized by Gestical itself. The deriving rights from the guarantee of the functioning of the plants build by the third parties can be asserted only if it can be demonstrated for ex: with a special commissioning report, regular commissioning, carried out according to Gestical guidelines.

The contractual service does not include the following works:

The purging of the system as a whole
Rinsing work and sludge removal
The work to be carried out on the heating pipes and water and on the settings and stopping devices.
Any work which is outside our field.

Gestical Switzerland

7.Complains, defect notifications

If the goods supplied or the work performed do not correspond to the contract and have visible defects the customer is required to report in writing to Gestical (Switzerland)SA within a period of eight days starting from the date of delivery of the material or from the date of completion of the work. Defective material should always be returned to Gestical for technical checks.

8.Responsability

If the delivery/performance does not correspond to the contract Gestical must have the possibility to remedy the defects found to make a replacement or to issue a credit. Gestical assumes no liability in relation to third party services provided for the notification of defects or for their repair unless the order has been processed directly by Gestical. Any other right for delivery defects is excluded, in particular the request for damages or the termination of the contract

9.Returns

Gestical is not required to take back goods ordered by mistake or in excess. Only new goods in their original packaging can be returned. To obtain a letter of credit, the goods must be returned in their original packaging, which must be intact, together with the original delivery note. A handling tax will be withheld for the operations carried out. In the case of custom-made items with approval (for Ex: Heat meters of cold and hot water) has the right to return lapses after four months. Models linked to a specific order or special order cannot be returned, as well as the products which are no longer included in our sales products.

10.Shipping costs and risks

Gestical chooses the transporter or the type of freight. Transport /Packaging costs are charged to the recipient. In case of delivery by express courier, additional costs are indicated and will be invoiced separately. The moment the material is delivered to the transporter, the risk is transferred to the recipient.

11.Warranty/Traceability

The warranty period is two years starting from the delivery date. Installation or setting in service behalf of Gestical and in any case for maximum 36 months starting from the delivery date. The installations done by Gestical, the warranty period is of two years from the date of assembly. The replacement of the elements during the warranty period does not entail any extension of the guarantee. Warranty period of different duration apply only if Gestical has previously confirmed in writing. Gestical guarantees that the goods and services provided and impeccable and correspond to offer indications. Only defects that significantly impair the suitability of the product are considered defects. The appearance irregularities, due to manufacturing, and normal wear of the elements with a limit life span (electrical elements, joints, etc) are not considered defects.

Damage caused by heat measuring devices etc. due to force majeure, overloads, non-complaint uses, operations carried out by non-authorized third parties, aggressive fluids, flooding, excessively high temperatures of environments or fluids are excluded from the warranty. The warranty is void if the person who place the order or third parties have made changes or repairs to material or facilities provided without Gestical’s written consent. Gestical fulfils its warranty obligation, of your choice, replacing the defective elements on site or at a repair centre. Gestical does not assume any other commitment in this regard (verification of the cause of defect, replacement costs, appraisals, etc.)In particular, Gestical explicitly excludes any liability for consequential damages (service interruptions, lost profit etc.)

The amount of the warranty in any case limited to the amount of the invoice. The material replaced under warranty will be owned by Gestical. Any other liability is excluded. Complete traceability of devices is guaranteed only after commissioning by Gestical. The serial numbers of all measuring devices are recorded form the moment of commissioning, to guarantee a personalized count of heating cost.

12.Payment conditions for provisions of services and goods deliveries.

Our invoices are payable, for their net amount and without discount, 30 days after being received. Compensation with a possible credit is not permitted, just as no withholding tax is not allowed in exchange for accredit claimed by the originator on the basis of another contract. The payment of out invoices to be considered executed, with liberating effect, only if it’s done at our address: Gestical (Svizzera) CH, 6814 Cadempino. In case of late payments, the usual interest will be applied.

Gestical.

At your service throughout Switzerland.

Furthermore, Gestical guarantees you a whole series of advantages: Optimize the performance of your work and reduce your management costs over time.

Take advantage of our experience and our competent teams at your door step.

Do not hesitate to contact us

Your energy saving partner.

Gestical is at your complete disposal, on site, throughout Switzerland.

With all services provided in the field of reading and counting heat and water consumption, with devices and systems that can do much more than read: In fact, they save energy.

Gestical.
At your service throughout Switzerland.

Furthermore, Gestical guarantees you a whole series of advantages: Optimize the performance of your work and reduce your management costs over time.
Take advantage of our experience and our competent teams at your door step.
Do not hesitate to contact us.

Your energy saving partner.

Gestical is at your complete disposal, on site, throughout Switzerland.

With all services provided in the field of reading and counting heat and water consumption, with devices and systems that can do much more than read: In fact, they save energy.