General Terms and Conditions of Sale (C.G.V.)


The purpose of these General Sales Conditions (hereinafter “G.S.C.”) is to set out the respective obligations of GAC-MyDATEC and the Customer within the framework of their contractual relationship.

1. Application

Any order submitted to GAC-MyDATEC implies full and complete acceptance and application without reservation by the Customer, who acknowledges having full knowledge of these G.S.C. which prevail over any other document, including all general conditions of purchase of the Customer.

Only special terms of sale agreed in writing between GAC-MyDATEC and the Customer may, if necessary, deviate from these G.S.C. All provisions of these G.S.C. not expressly modified or repealed by these special terms of sale remain in full force and effect.

GAC-MyDATEC is bound by the commitments of its agents subject to written confirmation by GAC-MyDATEC. No order is considered perfect and final until it is expressly accepted by a document acknowledging receipt and mentioning a registration number.

2. Information – Products – Project

The information contained in catalogs, brochures, commercial proposals, drawings, websites, etc., is given as an indication by GAC-MYDATEC, which reserves the right to make any changes at any time and without notice.

The Customer remains responsible for the design of its installation, the choice of the product, the good realization of the installation and its implementation corresponding to its characteristics, according to the provisions of article 12 of the G.C.S.

GAC-MyDATEC’s obligations are limited to the technical characteristics of the products it sells, as stated in the various technical-commercial documents. All other information is provided for information purposes only and is not technically binding.

Carried out for the sole purpose of presenting its commercial proposal, the calculation of air renewal possibly carried out by GAC-MyDATEC according to the decree of March 24, 1982, relating to the ventilation of housing, allowing the selection of the appropriate CMV, does not constitute a thermal or aeraulic dimensioning study. GAC-MyDATEC reminds you that it must be carried out by a design office or a qualified professional.

The help or information notes for professionals or tutorials to help with the input of Title V of the RT 2012 (order of 10/07/2013) are not design studies.

GAC-MyDATEC is not a design office and does not make any dimensioning (thermal, aeraulic, electrical or others, etc…) allowing for example to reach a given or desired temperature according to a foreseen and calculated consumption. In order to deliver the heating or cooling temperature desired by the Customer, the installation must be designed and calculated by a competent professional, a technical design office, or other at the Customer’s choice.

GAC-MyDATEC can draw up network diagrams in a theoretical way and they are only used to assemble the accessories supplied in the kit: they are neither design nor work execution plans.

The project owner, the designated project manager, or, if applicable, the thermal design office chosen by the client or the specialized company that installs the installations, retain full and complete control of the project.
The installation of GAC-MyDATEC systems must be carried out by professional installers recognized in the market, whose qualified personnel have the necessary certifications (heating, air conditioning, electricity, etc.).

GAC-MyDATEC, as part of its duty of advice, provides the customer with the information necessary for the use of its products.

The GAC-MyDATEC customer service provides an information service, and supply / replacement / repair on spare parts of its materials, worn and / or broken. Troubleshooting must be performed by a qualified professional. The equipment sold by GAC- MYDATEC must be regularly maintained, operations that vary depending on the equipment; the customer must refer to the instructions for the equipment sold.

GAC-MyDATEC reserves the right to modify its products at any time, without prior notice to the Customer.

3. Awards

The products are supplied at the prices mentioned in the commercial proposal sent by GAC-MyDATEC to the Customer or in the particular conditions agreed between them. The confirmed and invoiced prices are those indicated in the order acknowledgement given to the customer.

All deliveries with a production time of less than two (2) months will be invoiced at the base price agreed upon at the time of order. If this period is longer, the price will be corrected according to the legal provisions in force.

The prices are in euros, all taxes included, net of any discount and contributions or expenses, in particular related to the prevention and management of electrical and electronic waste.

The validity of an offer is limited to sixty (60) days from the date of issue.

Prices and shipping rates do not constitute a binding offer and may be modified without prior notice, in particular in case of changes in economic conditions such as variations in the price of raw materials, fuels, duties and taxes, unusual variations in exchange rates, market collapse, shortage of materials, changes in legislation, etc.

Prices will also be revised in the event of new taxes, contributions, or costs generated by changes in legislation aimed at ensuring the compliance of GAC-MyDATEC products or the prevention and management of waste electrical and electronic equipment as well as their elimination, treatment and recovery, without this list being restrictive.

4. Deliveries – Transfer of risk

4.1 Delivery times

The delivery times are provided as an indication.

The confirmed delivery dates are ex-workshop, subject to compliance with the terms of payment.

A possible overrun of the indicated delivery times can neither lead to the cancellation of the order, nor to a request for price revision or compensation, nor to penalties for delay.

GAC-MyDATEC is automatically released from any commitment relating to delivery times if the payment conditions have not been observed by the Customer or in the presence of circumstances beyond its control, force majeure or events such as: lock-out, strike, epidemic, war, requisition, fire, flood, tooling accidents, scrapping of important parts during manufacture, interruption or delay or any other cause leading to total or partial unemployment for GAC-MyDATEC or its suppliers.

GAC-MyDATEC will keep the Customer informed of the cases in which the aforementioned events occur.

4.2 Method of delivery – transfer of risks

The delivery entails the transfer to the Customer of the risks relating to the goods.

Delivery is made either by direct handover to the customer, or by simple notice of availability, or by delivery to GAC-MyDATEC’s factories or warehouse, or to a shipper or carrier designated by the customer or, failing that, chosen by GAC-MyDATEC.

The principle of delivery to GAC-MyDATEC’s factories or warehouses is not subject to deviations due to indications such as free delivery to the station, platform, home or reimbursement of total or partial transport costs, etc.

4.3 Storage and handling

If shipment is delayed for any reason beyond GAC-MyDATEC’s control, and with GAC-MyDATEC’s prior express consent, the material may be stored and, if necessary, handled by GAC-MyDATEC at the customer’s expense and risk, with GAC-MyDATEC disclaiming any liability in this regard. The amount of the storage fees charged cannot be less than 1% per week of the value of the order, capped at 5% of the amount excluding VAT of the order. This shopping period shall not exceed five (5) weeks. These provisions do not alter the payment obligations of the Supply and do not constitute a novation.

5. Transport of the delivered goods

The operations of transport, insurance, customs, handling, bringing to work of the dispatched goods are with the load and with the expenses, risks and dangers of the Customer. Shipments by GAC-MyDATEC are made collect.

GAC-MyDATEC does not accept any responsibility for rust, water, damage or deterioration of any kind occurring to the goods after they have been shipped or made available to the Customer, even if the shipment has been made carriage paid. In the event of damage of any kind occurring during transport, it is up to the Customer to exercise any recourse against the carrier and/or insurer within the usual time limits and forms, and to inform GAC-MyDATEC by registered letter with acknowledgement of receipt within three (3) days of delivery.

It is the customer’s responsibility to verify the deliveries (quantity and quality) upon arrival, before giving discharge to the carrier, the unqualified acceptance of the goods delivered deprives the customer of any further recourse against GAC-MyDATEC.

6. Packaging

GAC-MyDATEC does not take back packaging. In the absence of special instructions, the packaging is prepared by GAC-MyDATEC in the best interest of the Customer.

7. Recycling and end of life of my equipment (WEEE)