TERMS & CONDITIONS OF DIKKAN GROUP
1.General
This general terms and conditions “T&C” shall be applied to all legal transactions between Dikkan and the Customer. (hereinafter Dikkan and the Customer are both referred as the Parties)
In each individual offer or purchase order, price, payment and delivery terms, validity of offer, packing/custom costs and other details shall be issued and indicated in offer, order confirmation and/or invoice. Offer, order confirmation, invoice, packing list shall be accepted and mentioned as “Sales Documents” in “T&C”.
2.Sales Document and Agreement
Offers will be valid for a period of 30 days unless otherwise indicated. Order is effective when the Customer signs and sends the order confirmation with the condition that Dikkan receives it in due time. The order confirmation or any documents should be signed by an authorized person of the Customer, otherwise the document shall not bind Dikkan.
Dikkan reserves the right always to adept or change the specifications without prior notification or any other obligation. The sales relationship or sales agreement will become effective after the order has been explicitly accepted by Dikkan or after the customer has explicitly accepted the binding offer. Dikkan is entitled to require security in advance and/or to make use of the services of third parties.
3.Prices
The price list shall be submitted upon Customer’s request. The price could be determined or changed in offer of Dikkan. Validity of offer and price shall be indicated in the text.
Cost of transport & packing, sales tax are excluded in the price. Transport and packing costs shall be compensated by the Customer.
The prices are Ex Works Dikkan Factory. In case of other delivery terms accordance with Incoterms 2010, insurance, carrier cost or other expenses shall be compensated by the Customer.
4. Delivery and delivery-time
Delivery will be “Ex Works” Dikkan Factory. Risk of the Products passes from Dikkan to the Customer on such delivery in Dikkan factory. In case of other delivery terms accordance with Incoterms 2010, risk in the Products passes to the Customer when the products have been delivered to the first carrier.
The legal title, right of possession and control, beneficial ownership and all other incidents of ownership of the Products (the "Title") shall pass to the Customer only upon full payment of related products.
Customer has to inspect the goods when the delivery has been received. In case of any kind of notice of claims, the Customer must notify within 24 hours after receipt in writing to Dikkan.
5. Force majeure
Earthquake, meteors, storm, flood, fire, fog, natural disasters, war, accident, social revolts, strike, embargo, dangerous weather conditions, local and civil disturbance, national or local prevention in land transport network, accidents or other circumstances beyond the reasonable control of Dikkan .. etc are determined to be force majeure. In the event of force majeure, Dikkan is entitled to suspend to send order. In that case, the Customer shall have no right for any demands or compensation.
6.Guarantee
Dikkan guarantees the reliability and quality of goods delivered for a period of 24 months. For further guarantee periods it should be declared clearly by Dikkan. 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, Dikkan 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.
7. Right to retain goods
Dikkan 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.
8. Liability
Excluded is the liability from Dikkan for compensation of damage, of which nature or form thus, both at the counterpart and at third parties.
9. Payment, interest and costs
Payment must be realized in advance or irrevocable letter of credit at sight, opened with a major international bank acceptable to Dikkan. All payments shall be completely made at least 10 days prior to the date of shipment. If payment will not be realized within due dates, Dikkan shall be entitled not to ship the goods and the offer and purchase shall be considered as cancelled. Also Dikkan has been entitled to demand as from 7 days after invoice date an interest of one and a half percent per month. All the judicial costs shall be borne on the Customer in case of default.
10. Intellectual property rights
Dikkan reserves all of its intellectual property rights in respect of the products which are subject of any kind of sales.The Customer declares and undertakes that he shall not modify all or part of any products, not to make changes their trademark or packaging, to use the relevant trademark in any other way or not to register it in his own name regarding the products supplied in respect of this agreement and products belong to Dikkan.
11. Disputes & Governing Law
Any disputes that may arise from the parties shall be settled according to United Nations Convention on Contracts For International Sale of Goods (Vienne Sales Contract) exclusively by İzmir courts. If Vienne Sales Contract does not include regulation about related dispute, the dispute shall be settled according to material laws of Turkish Republic. E-mails or documents attached with e-mails sent or issued by the parties in regard to perform the sales and commercial relationship are deemed as written documents according to article 193, Turkish Code Civil of Procedure.
12. Confidentiality
Customer shall never and for no reason share with third parties verbally or in written form any commercial, personal or technical information obtained through their activities within the framework of commercial relationship. This confidentially provision is permanent and is not limited to the duration of any agreement or any order.
