In these Terms and Conditions of Sale, “Seller” means SMS TORK Endüstriyel Otomasyon Ürünleri San. Tic. Ltd. Sti.; “Buyer” means the person, firm, company or corporation by whom the order is given; “Goods” means Equipment described in the Seller’s Acknowledgement of order form.
2. ACCEPTANCE OF ORDERS.
Seller’s acceptance of all orders and all offers and sales by Seller are subject to and expressly conditioned upon Buyer’s assent to the terms and conditions of this Agreement. The Agreement consists of these sales terms and conditions, Seller’s quotation, if any and Seller’s order acknowledgement. Buyer’s acceptance of any offer by Seller must be made on such terms and conditions exactly as offered by Seller. Any of Buyer’s terms and conditions which are different from or in addition to those contained in this Agreement are objected to by Seller and shall be of no effect unless specifically agreed to in writing by Seller. Commencement of performance or shipment shall not be construed as acceptance of any of Buyer’s terms and conditions which are different from or in addition to those contained in the Agreement. If a contract is not earlier formed by mutual agreement in writing, acceptance by
Buyer of products or services furnished by Seller pursuant hereto shall be deemed Buyer’s assent to all of the terms and conditions of this Agreement.
Buyer may request changes or additions to the Services and/or Goods consistent with Seller’s specifications and criteria. In the event such changes or additions are accepted by Seller, Seller may revise the price, fees and dates of delivery.
3. VALIDITY OF QUOTATION, PRICES, QUOTE DOCUMENTATION
3.1 Unless previously withdrawn, Seller’s quotation is open for acceptance only in its entirety and within the period stated therein or, when no period is so stated, within thirty days after its date.
3.2 Prices are for Goods delivered EXW (INCOTERMS 2000) Seller’s shipping point and exclusive of freight, insurance, handling and packing, unless otherwise agreed. If the Goods are to be packed, packing materials are non-returnable or value added tax; this is accounted separately in the invoice.
3.3 All Buyer’s orders with an order value less than EUR 5000 will be charged a customs fee of EUR 80.
3.4 Deduction of early payment discount requires a separate written agreement
3.5 We reserve property right sand copyrights in illustrations, drawings, calculations and other document. The buyer shall obtain our prior express written approval to duplicate or disclose said to third parties, specifically direct and indirect competitor. Int the event an agreement does not materialize, we reserve the right to reclaim our documentation.
4. PAYMENT TERMS
Unless otherwise indicated in the order acknowledgement, the purchase price is due for payment net ( without deduction) and same day within the invoice date.
Unless otherwise agreed to in writing by Seller, products shall be shipped EXW Seller’s manufacturing facilities (Incoterms 2000) to any location designated by Buyer and shall be deemed delivered to Buyer when delivered to the transportation company at the shipping point. Unless otherwise agreed to in writing by Seller, all transportation charges and expenses shall be paid by Buyer, including the cost of any insurance against loss or damage in transit which Seller may obtain at Buyer’s written request. Seller reserves the right to ship products freight collect. All products must be inspected upon receipt and claims filed by Buyer with the transportation company when there is evidence of shipping damage, either concealed or external.
Warranty time period begins by the goods delivery date and this period is 2 years for production error. In the warranty time period weather an occur due to production; maintenance will be done without any fee and maintenance time period is max. 30 working days.
Buyer is responsible from providing favorable conditions for storage and feature of system where product is located. During montage and storage Buyer have to use manual user which send with goods. Whether an error cause due to these points, our company does not accept any responsibility.
7. RETURN OF GOODS
7.1 The Seller is under no obligation to accept goods supplied ex stock. Goods supplied ex stock in accordance
with the customer’s order can only be returned with the express approval of the Company.
7.2 Goods returned without the prior written permission of Seller will not be accepted by Seller. Seller reserves the right to inspect goods prior to authorizing their return. Upon receipt of the returned goods, Seller will replace returned goods with conforming goods or, at Seller’s option, issue credit to Buyer in an amount equal to the billing price of the goods.
8. COMPLIANCE WITH LAWS.
Buyer shall comply with all applicable laws, regulations, and other legal requirements regarding the export, import, sale, distribution, marketing, and service of the goods and related technology, including without limitation, tax and foreign exchange legislation or regulations and the obligations.