HEREBY CONTRACT DECLARES THAT THE SALE OF THE FOLLOWING FIBER LASER CUTTING MACHINE HAS BEEN REALISED UNDER THE CONDITIONS STATED BELOW, AND THAT THE SELLER COMPANY AND THE BUYER COMPANY HAVE AGREED WITH THIS CONTRACT. WHEN THE BUYER COMPANY UNILATERALLY WITHDRAWS FROM THE SALE, THE BUYER AGREES AND UNDERTAKES IN ADVANCE TO PAY THE AMOUNT OF THE GUARANTEE OR DEPOSIT GIVEN TO THE SELLER COMPANY AND ALL EXPENSES INCURRED TO THE SELLER.
THE PLACE OF DELIVERY OF THE MACHINE IS address, AND THE PAYMENT AND RESPONSIBILITY OF TRANSPORT, INSURANCE, CUSTOMS COSTS, ORDINE, STORAGE AND ALL OTHER EXPENSES UP TO THE ADDRESS OF THE BUYER BELONGS TO THE BUYER COMPANY. SERVICE, WARRANTY, FIRST OPERATION AND TRAINING SERVICES OF THE MACHINE ARE THE RESPONSIBILITY OF EGE TEKNIK CNC MAKİNA İTHALAT İHRACAT TIC. SAN. LTD. ŞTİ.
*On the proposed delivery date; the manufacturer, maritime transport, weather conditions, customs clearance procedures and disruptions in ports are not taken into consideration. Our company is not responsible for delays due to these reasons.
| THE SELLER COMPANY | EGE TEKNİK CNC MAKİNA İTHALAT İHRACAT TIC. SAN. Ltd. Şti. | ||
| Address | 4. SANAYİ EVKA 3 MAH. 129/3 SK. No.4C BORNOVA / IZMIR | ||
| TAX OFFICE NUMBER | BORNOVA 325 046 4229 / REGISTRATION NUMBER HEAD OFFICE – 215664 / CENTRAL REGISTRATION NO. 0381 0869 7410 0001 | ||
| CONTACT | +90 232 375 71 00 info@egeteknikcnc.com.tr | ||
| THE BUYER COMPANY | |||
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| TERMS OF PAYMENT | |||
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| PRICE OF SALE | |||
| TERMS OF SALE | According to the VAT exception letter, the VAT will be 0%, and if it is done by leasing, the VAT will be 1%. If the documents are not delivered to the seller company before the invoice date, the VAT will be 20%. | ||
| TERMS OF THE CONTRACT | 1)In the event that the BUYER withdraws from purchasing the machine subject to the contract, the BUYER agrees, declares and undertakes that he/she will leave the collateral, down payment or deposit amount he/she has given to the SELLER as a penal clause and that he/she will not be able to claim it, and that she/he will pay all expenses incurred by the SELLER in reliance on this contract. 2)The place of delivery of the machine is ADDRESS and the payment and responsibility of transport, insurance, customs expenses, damage, ordine, storage and all other expenses up to the address of the BUYER belongs to the BUYER. 3)Service, warranty, start-up and training of the machine is under the responsibility of the SELLER. 4)The BUYER is obliged to prepare the appropriate infrastructure in the place or place where the machine will be used on the agreed delivery date at the latest. Otherwise, the BUYER shall be liable for the inability to perform or delay in performing the transactions promised in Article 3 due to this reason. Due to the BUYER’s inability to fulfil this obligation, the SELLER cannot fulfil its obligations and accepts, declares and undertakes that the BUYER will cover all damages arising from this reason. 5)All ownership of all goods or goods subject to this contract belongs to the SELLER until the price is fully paid by the BUYER. The right of ownership of the machines shall pass to the BUYER only after full payment of the price. Nevertheless, any loss and damage after delivery belongs to the BUYER. In addition, if the BUYER does not pay at the agreed date, the SELLER may confine the machine until the debt is paid, the BUYER consents to it. In case the agreed price is not paid to the SELLER, the BUYER consents to the works to be carried out by the SELLER personnel at the place where the machine is installed in order to retrieve or confine the machines. In such case, the BUYER agrees and undertakes that the BUYER shall pay the expenses to be incurred. 6)Due to the default of the BUYER, the SELLER reserves the right to recover what is sold by using the right of reversion. 7)In case of obvious defects that may arise after the delivery of the machine as regulated in the legislation, the BUYER is obliged to inspect or have the machine inspected within 2 days at the latest after delivery; if the defect is not obvious, within 8 days at the latest after delivery, and if there is a defect, it is obliged to notify the SELLER in writing within this period. Defects that cannot be detected by inspection must be notified to the SELLER within 2 days at the latest after the defect is discovered. Otherwise, the SELLER is not responsible for defects and the BUYER is considered to have accepted what is sold. 8)If the malfunctions or defects arising in the machine are attempted to be repaired by the BUYER without the SELLER’s notification, no defects, faults and expenses can be charged to the SELLER from this point on. 9)Following the delivery of the materials to the BUYER, the BUYER is responsible for all damages and losses arising from all problems that may arise after or before assembly, which are not caused by concealed defects. 10)On the delivery date specified in the contract; the manufacturer, maritime transport, weather conditions, customs clearance procedures and disruptions in ports, etc. have not been taken into consideration. It has been declared, accepted and undertaken by the BUYER that the SELLER cannot be held responsible for delays due to these and similar reasons. 11)If the BUYER is in breach of any of the payment terms agreed with the contract, the BUYER shall be considered to be in breach of all unpaid amounts. In this case, the SELLER reserves the right to demand payment of the entire sales price at once and to withdraw from the contract. 12) WARRANTY PERIOD AND SCOPE: -Electronics is warranted for twenty-four (24) months and mechanics for twenty-four (24) months except for machine usage errors and workplace electrical faults. –The warranty is invalid in the following cases. *Damages caused by usage and/or user errors. *Damage caused by Voltage Fluctuations. *Non-compliance of operating conditions and/or infrastructure * The use of software, interfaces or other materials supplied by the customer or a third party * Unauthorized maintenance and repairs made on the product and the use of a person who has not received training. * Malfunctions and damages caused by materials that wear and tear over time due to their nature. * Malfunctions and damages caused by situations that are at risk of occurring and specified in the user manual. *The customer agrees to notify the SELLER in writing no later than 7 (seven) days from the occurrence of the relevant fault during the warranty period. Otherwise, the seller will not be responsible for the malfunction in question and the warranty will remain invalid. 13)The parties undertake not to transfer (……………………………………………………………) the works and responsibilities subject to the contract to a third party in whole or in part without the written declaration of the other party. This agreement may only be amended in whole or in part by an additional agreement containing the written declarations of the parties. 14)The BUYER is obliged to receive the machine delivered to him/her, and if he/she fails to receive the machine, the SELLER shall keep the machine and the BUYER accepts, declares and undertakes that the BUYER shall be responsible for the storage costs and damages incurred. In addition, even in this case, the BUYER’s obligation and responsibilities to pay as agreed by the contract remain. The SELLER informs the BUYER of the location of the machine and the BUYER is obliged to receive delivery. The BUYER who fails to fulfil his/her obligations is obliged to compensate all damages incurred by the SELLER. 15)In the event that a defect is discovered in the machine or if the part cannot be supplied, the BUYER has accepted and undertaken that he/she cannot use the right to withdraw from the contract if the deficiency is not very close to the entire sales price. However, he/she may request repair, replacement or discount from the sales price. If a machine consisting of several parts or equipment is sold together and some of them are defective, the optional rights and the right of withdrawal may be exercised only for the defective ones. 16)Izmir Courts and Execution Offices are authorised for all disputes that may arise for all cases specified in this contract and its annexes and for all kinds of documents such as promissory notes, cheques etc. regardless of the place of issuance of any document and the address of the BUYER, guarantor and person. 17)The BUYER accepts and undertakes that in all disputes that may arise between the parties to this contract, the accounting and book records of the SELLER and this contract, service reports, forms and annexes shall be conclusive evidence in accordance with the relevant articles of the Code of Civil Procedure in judicial, execution and bankruptcy proceedings. 18)The invalidity, cancellation, contradiction to the legislation or non-enforceability of some provisions and records contained in this contract, its annexes, related deeds and documents shall not prejudice the validity of the contract, its annexes, other provisions and documents. 19)In case of natural disasters such as flood, earthquake, fire, which are not caused by the parties’ own negligence or errors outside their own control; mobilisation, war, epidemic disease, strike lockout, public movement, civil war, revolution, radioactivity pollution, situations based on the force of nature, delays caused by the manufacturer, port and ship, the periods are extended if the party exposed to the circumstances notifies the other party in writing for 10 (ten) days in writing. | ||
BUYER COMPANY OFFICIAL NAME & SURNAME | SELLER COMPANY OFFICIAL NAME & SURNAME | EGE TEKNİK CNC MAKİNA İTHALAT İHRACAT TIC. SAN. Ltd. Şti. | |
| THE BUYER COMPANY STAMP AND SIGNATURE | THE SELLER COMPANY STAMP AND SIGNATURE | ||
| EGE TEKNİK CNC MAKİNA İTHALAT İHRACAR TIC. SAN. Ltd. Şti. 4. SANAYİ EVKA 3 MAH. 129/3 SK. No.4C BORNOVA / IZMIR BORNOVA TAX OFFICE: 325 046 4229 TRADE REGISTRATION NO: CENTRAL – 215664 CENTRAL REGISTRATION SYSTEM NO: 0381 0869 7410 0001 | KUVEYT TURK KATILIM BANK. İZMİR Ş.B. TR68 0020 5000 0061 2993 2000 02 | ||