Terms and Conditions
GENERAL TERMS & CONDITIONS OF SALE
Delivery is subject to stock and takes approximately 2-4 working days.
Orders within Ireland, Northern Ireland, England, Scotland and Wales under € 100.00 + VAT are charged at € 20.00 + VAT for Packaging and Transport.
Packaging and Transport is free for all orders over € 100.00 + VAT. A required renewed delivery after return of the consignment will result in an extra charge for Packaging and Transport. Delivery is via Parcel Service, unless stated otherwise.
RIGHT TO WITHDRAWAL / RETURNS POLICY
A consumer/private customer has the right to withdraw from the contract within 14 days of receiving the goods. The withdrawal is made by written declaration or use of our online form. The consumer bears the cost of the return of the goods unless stated otherwise by us. Any payments received will be refunded on return of the item and assessment.
For further details, please refer to our cancellation policy (applies to private customers/consumers only).
Unwanted goods will be refunded subject to the following conditions:
1) The goods must be returned un-used and in the original packaging. 2) Returns will not be accepted if the goods or packaging are damaged.
3) All refunds, with the exception of punctual & valid consumer withdrawals/cancellations, are subject to a handling and re-stocking charge (up to 30%). The refund will only be for the goods and not the delivery charges. 4) Any return is made at the buyers risk and expense.
We recommend to use the applicable online-form available on our website.
Payment is possible by bank transfer, credit-card payment and PayPal.
We accept all major credit cards. During the checkout you are redirected to PayPal for secure encrypted payments. PayPal values your privacy and does not share your credit card or personal details with us.
The fulfilment of an order, implies the customer’s acceptance of the present general terms & conditions of sale.
Within 5 days of receipt of your order our sales office will undertake to send you an order confirmation. This confirmation will include all the information necessary for the sale, including the delivery date which is taken to mean the date of departure from our warehouse. The order confirmation will be considered as having been accepted, unless we receive any notification to the contrary within 2 days. It is in the customer’s interest to check that all the details are exact. The order confirmation that Gemgate Limited will send to the customer is to be considered as being merely a manner of formalising the contract, following the customer’s order.
Gemgate Limited reserves the right to make modifications to the technical features of the machines that it sells, at any time, and is not obliged to inform the client of such modifications. Any material modifications that do not relate to their essential features, even if made after the actual order, will not give the customer the right to revoke the order.
PRICES AND PAYMENTS
The order prices which are to be considered as being not of taxes and transportation costs are those indicated in our order confirmation.
The list prices may be altered by us at any time, even after the forwarding of your order, as the result of exchange rate fluctuations or for any other reason, and for which we are in no way obliged to notify the customer.
The payments must be made within the agreed term and will not be recognised as being valid unless made directly to our office. Any default on the invoice payment term, and the bank interest matured on the delayed payment will be calculated at 10% above the base rate of BCE (European Central Bank).
No discount or rounding off will be recognised unless calculated on the invoice. Any different payment terms and means must be specifically agreed in writing in the order confirmation.
In the event of payment delays which are the fault of the customer, Gemgate Limited has the right to cancel the agreed sale, simply forwarding an email or by sending a registered letter with return receipt. The customer thereby being obliged to return any material received to our office, delivering same at its own expense.
Any complaints and exceptions in relation to the goods supplied, or in relation to the guarantee, will in no way give the customer the right to suspend payments or modify the agreed terms. Defaulting buyers in relation to the payments will not have the right to enforce any complaints or exceptions in relation to the goods supplied, so that any relative judicial claims will be void.
CONSIGNMENTS AND DELIVERIES
For Ireland, free-delivery to office/works applies for orders when agreed between the customer and GEMGATE Limited. Otherwise a surcharge may be made on the order confirmation and invoice.
For foreign countries the goods will usually be delivered ex Works unless different agreements are made on the order confirmation. The delivery terms are to be considered as being for reference only. Delivery delays as the result of force majeure, or due to circumstances over which we have no control, as for example, strikes (whether they occur in our own company or the manufacturing company), supplier delivery delays, the suspension or interruption of production, transport problems, will not give the customer the right to either cancel the order or to make any damage compensation claims.
Our company may make partial deliveries of the goods ordered, which may be staggered over time, but for which the total delivery time corresponds to that requested. On consignment of goods to a forwarder or carrier all risks relative to the goods sold, will become the responsibility of the customer, that will undertake to make any damage compensation claims to the same in the event of any delays in the receipt of the goods, or the destruction or damage of the material that may have occurred in transit.
Complaints after 8 days from the date of goods receipt will not be accepted, neither will returns, or any carriage-free returns be accepted unless they have been authorised in advance.
Any complaints made for any defects or faults with the supply are to be sent in writing, within 8 days of goods receipt. We will not accept any returned goods, unless we provide prior written authorisation.
We recommend to use the applicable online-form available on our website.
The material supplied by Gemgate Limited is covered by a guarantee against any manufacturer-related material- or workmanship-defects. The following are to be considered as excluded from any guarantee cover:
- any parts damaged during transport undertaken under the customer’s own responsibility or by appointed forwarders
- any parts damaged as a result of faulty connections, non conforming electrical or hydraulic connections, that are not in compliance with the terms of current laws, resulting from normal wear, due to galvanic currents, chemical corrosion, as the result of failure to comply with the technical instructions and service instructions that we provide with the product, or due to any tampering, modifications or repairs carried out by the client without the specific authorisation of Gemgate Limited or undertaken before the actual notification of the defect
- defects that arise due to the incorrect choice of product, its faulty installation, or due to applications not envisaged in the relative technical specifications, due to the exceeding of the prescribed operating limits, as the result of the use of material using fluids with features that differ from those prescribed, or containing suspended solid bodies, which may exceed the quantity limits laid down, inadequate protections or electrical supply lines or of incorrect dimensions or regulation.
The guarantee will not be applicable if the supplied material is not installed to the state-of-the-art, or does not comply with current laws, regulations or standards. The application of the guarantee is in any event dependent on the customer having punctually fulfilled all his obligations.
GUARANTEE APPLICATION (WARRANTY)
Duration and validity
The products sold by Gemgate Limited are covered by a guarantee for a period of 24 months from the date of delivery as indicated on the documents issued for the buyer by Gemgate Limited. Any abnormalities or defects are to be notified to Gemgate Limited in writing within eight days of their acknowledgement. To validate a guarantee request, on notification the details of the fiscal documents issued by Gemgate Limited at the time of delivery must be included. The material supplied must be sent to Gemgate Limited, together with a copy of the fiscal documents, that prove the purchase of the product, and which clearly and specifically states the product for which guarantee application is required. Should it not be possible to clearly identify the product for which guarantee application is required, the guarantee period will be taken to be a period of 30 months from the date of production as indicated on the product’s identification plate.
Should the identification plate not be present, Gemgate Limited will not recognise any kind of guarantee cover, even in the presence of the copies of the required documents cited above. Any repairs and/or replacements of any parts, components or instruments made by Gemgate Limited or by specialised personnel appointed by the same during the guarantee period, will not alter the validity start date of the guarantee stated above.
During the guarantee period Gemgate Limited will repair or replace, as it sees fit, free of charge and in the shortest possible time, those parts which are found to show material or workmanship defects, as notified by the customer or acknowledged by the same.
The repair operations undertaken under guarantee may be undertaken by Gemgate Limited or in any other workshop indicated by Gemgate Limited at the time of defect notification, that will undertake either repair or replacement operations, before then re-despatching the material to the customer.
For repair the goods must be sent carriage-free and will be re-delivered carriage-forward.
The costs involved in the dismantling and the re-assembly of the products from their installation site will be at the customer’s expense.
Should the customer require that the material under guarantee be repaired at the installation site, the respective means will be agreed with Gemgate Limited each time according to the type of product involved and the intervention site. The costs involved in organising the technical equipment in order to ensure safe operations will be at the customer’s expense, which may be required in order to ensure the success of the repairs at the installation site of the product, together with assisting labour which must be promptly placed at the disposal of Gemgate Limited personnel, in any event no damage claim of either a direct or indirect nature, may be made to Gemgate Limited relative to defects that are covered by the guarantee. The guarantee will not be applicable on products that are still new and which have never been installed and which are still in their original sealed packaging.
Contact details and other information about the customer will only be used for implementing the contract and subsequent marketing. Gemgate Limited will not disclose such data to third parties outside of our group of companies. Gemgate Limited may search with a credit-reference-agency in respect of the customer and its directors/partners.
Please refer to our disclaimer & privacy statement as well as the related cookie settings on our website.
THE RESOLUTION OF CONTROVERSIES AND COURT OF JURISDICTION
The customer and Gemgate Limited will undertake to negotiate in good faith all controversies arising from or connected to these terms. Each party may begin the negotiation by sending the counter-party a written communication indicating the subject of the controversy, and the compensation requested. The counter-party must reply in writing indicating its position in relation to the controversy, and the resolution proposal. Should the controversy fail to be resolved by means of such an exchange of correspondence, the representatives of the parties with the power to settle the dispute (or the Company CEO) will meet up at the administrative offices of Gemgate Limited, on a date established by mutual agreement, in order to negotiate a friendly resolution to the controversy.
Should it fail to be resolved within the time limit of 90 days from the start of the negotiation period, the controversy will come under the exclusive jurisdiction of the law court applicable to the Gemgate Limited Head Office address.
The authorities will have the power to resolve all controversies even in the event of draft issue.
Gemgate Limited will not assume responsibility, either specific or implied, concerning either the sales potential of the product sold or its suitability for specific purposes. The use of Gemgate Limited products is not authorised in the form of critical components for use in appliances that are destined to save human lives or for applications in which eventual breakdowns or faulty function may result in personal injury or the risk of death. Gemgate Limited cannot in any way be held responsible for the death of any person or for any loss, injury or damage to either persons or property as the result of the use of the products in applications which may include, by way of example only and in no way exhaustive, either military appliances or relative to military uses, traffic control appliances, accident prevention applications and medical appliances or relative to medical uses.
The entire responsibility of Gemgate Limited in accordance with the terms of the present or other guarantees either specific or implicit, is limited to the repair, replacement or reimbursement of the product.
If any provision of the Contract is held by any court of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, such provision will to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable such that the remainder of such a provision and the other terms and conditions of the Contract will continue in full force and effect.
Gemgate Limited personnel are available to assist the customer either by phone, fax or e-mail in all queries relating to product use and installation. We recommend to use the applicable online-form available on our website.