General Conditions for delivery and payment from DIKKAN A.S.
These General Conditions apply to all Legal transactions entered between DIKKAN A.S. (the supplier) and the customer. Deviations must be recorded in writing.
Offers will be valid for a period of 30 days unless otherwise indicated. The supplier can only be bound to an offer in writing by an authorized signature. Information given will remain the property of the supplier and may not be passed on by the customer to third parties in any way whatsoever. The supplier retains the right at all times to adept specifications without prior notification or any other obligation. The agreement will become effective after the order has been explicitly accepted by the supplier or after the customer has explicitly accepted the binding offer. The supplier is entitled to require security in advance and/or to make use of the services of third parties.
Prices are based on all internal and external cost-price factors, excluded Sales Tax.
4. Delivery and delivery-time
Delivery will be “Ex Works” our factory. Our factory will be considered, under all circumstances, to be the place of delivery for all transactions. Including deliveries made free of charge. The date of delivery is the moment when transfer takes place or the moment when the goods are ready for dispatch. Delivery times are approximate and late delivery will not mean that compensation for damage suffered can be claimed. Visible damage and/or shortages must be notified within 24 hours after receipt in writing to the supplier. Storage is always on the account of and at the risk of the customer.
The supplier will determine, as a good merchant, the way in which goods are to be transported. The addressee will be responsible for payment of transportation charges and risk to the goods. Packaging will be recharged to customers.
6. Force majeure
The supplier will be entitled, in case of force majeure, to suspend carrying out the agreements or to make arrangements in consultation with the customer.
The supplier guarantees the reliability and quality of goods delivered for a period of 12 months after delivery unless otherwise has been agreed. Guarantee expires if the customer has used goods incorrectly, has had them repaired, has used the goods supplied not according to regulation, injudicious, or used for other aims then for which it is intended and/or not mentioned at the stage of the order.
In case of guarantee works supplier is entitled to recharge extra costs such as those which may be incurred for traveling, accommodation, testing and transport.
Expendable articles are not covered by the guarantee. If during the guarantee period offered goods show no lacks, all costs made are at the expense of the counterpart.
8. Right to retain goods
The supplier is entitled to retain goods for as long as the customer fails to meet obligations incurred by him. The customer will in that case be considered responsible for risks to the goods.
Excluded is the liability from the supplier for compensation of damage, of which nature or form thus, both at the counterpart and at third parties.
Claims must have been submitted in writing at the supplier within eight days after actual delivery of the goods, undiminished all in art.4 stipulated. Claims concerning invoices must be submitted also in writing within eight days after shipping date of the invoices. At acceptation of the claim the supplier is exclusively obliges to replace/repair goods without the right of the counterpart on which compensation what so ever. Submitting a complaint dismisses the counterpart never of its payment obligations towards the supplier. The return of goods supplied can only take place after explicit authorization of the supplier.
All goods provided by the supplier remain, up to the moment of payment of all which the counterpart is chargeable to the supplier, including interest and costs, property of the supplier. The goods can be resold by the counterpart within the framework of its normal company exercise.
12. Payment, interest and costs
Payment must have taken place in advance, unless agreed otherwise with the supplier. Every payment contains in the first place the chargeable cost from the supplier to the counterpart. If payment has not taken place within the aforementioned period, the counterpart is in staff absence and the supplier has been entitled by right, as from 3 days after invoice date an interest of one and a half percent per month, or calculates a part of it, concerning the amount still being open. All made judicial costs come at the expense of the counterpart, with a minimum of 15% of the amount being open included the expense of the interest.
13. Intellectual property rights
DIKKAN A.S. reserves all of its intellectual property rights in respect of the products which it supplies.
The buyer shall not be permitted to modify all or part of any products that are supplied, to substitute their trademark or packaging, to use the relevant trademark in any other way or to register it in his own name.
Disputes are presented to the competent judge at the competent court of law in the district in which DIKKAN A.S. has its registered office.
15. Governing law
The legal relationship between the buyer and DIKKAN A.S. shall be solely governed by and construed in accordance with the law of Turkey.