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General Terms of Rental and Sale

 

ARTICLE 1: General

1.1 The Buyer acknowledges , at the time of ordering, the present general conditions of sale and rental of the companies Meric Grup & SWS Sky Walk Scaffolding ( hereinafter referred to as ” Sellers “) and expressly accepts them without reserve.

1.2 Any other document provided by the Sellers as flyers, brochures, notes, price lists, advertisements, information is only indicative  and has got no value.

1.3 These general conditions of sale and rental govern the contractual relationship between Sellers and Buyer. They apply particularly to the conditions of ordering, payment, delivery and potential returns of products ordered by the Buyers. They are applicable in Turkey.

1.4 Any order can only be considered final when confirmation is issued by the Sellers. Only the information included on this confirmation will be considered valid. Any dispute concerning the items on the order confirmation must be sent in writing (email or fax) by the Buyer within 48 hours after receipt of it, under penalty of foreclosure.

1.5 No cancellation of order is valid unless exceptional acceptance by the Sellers. Tooling costs for special production as well as the supplying of special items for the Buyer remain entirely the responsibility of the Buyer​​. Deposits paid will be retained by the Sellers in the case of cancellation of the order, as damages.

1.6 The Sellers reserve the right to cancel an order even after confirmation if payment guarantees provided by the Buyer to the Sellers seem insufficient. The Buyer may not, in this case, claim any compensation.

1.7 The Sellers reserve the right to make any necessary changes to its products without obligation to apply those changes to the materials delivered or on order.

1.8 Due to administrative and technical costs, any order below TRY 600 (+ VAT) will not be accepted.

ARTICLE 2: Shipping – Terms & Deadlines

2.1 Unless otherwise agreed, deliveries or shipments are always made ​​at the expenses and risks of the recipient.

2.2 The products are considered “delivered” upon delivery to the carrier responsible for transporting them to the delivery address specified by the Buyer on the order form.

2.3 The deadlines are indicative. A delay in delivery cannot expose the Sellers to any penalty, order cancellation or request for damages. In all cases, the carrier is the agent of the Buyer.

2.4 The Buyer must carefully check its parcels on delivery and has a 48 hour-period to issue any claims in the case of a lack or degradation.

2.5 The duration of rental equipment includes the days of removal, transportation, restitution as well as Sundays and holidays.

2.6 The rental equipment has to be returned cleaned and ready for use. A contradictory inventory is established between the Sellers and the Buyer at the departure of the goods and on its return.

2.7 The rented equipment will be considered « returned » once  the returned material is certified by a “bill of return” signed by the Sellers.

ARTICLE 3: Pricing and Billing

3.1 Products are supplied and invoiced at the prices indicated in the order confirmation.

3.2 Our prices does not include VAT and are for goods without packaging, without loading or unloading from the truck, without mounting and dismantling with incoterm Ex Works from factory ( Sincan – Ankara – Turkey) and with cash payment, unless otherwise stated. Product prices will always be denominated in Turkish Liras and in Euros.

3.3 The prices shown are only indicative and may be increased in case of particular constraints or revised based on changes in economic conditions between the dates of offers and effective orders.

3.4 Throughout the term of the rental, the Buyer shall bear all taxes due because of the rental.

3.5 In case of deterioration or non- return of equipment, the missing or damaged items will be charged according to the tariff in force. Sellers will address an invoice to the Buyer detailing the costs of repair and / or replacement. The Buyer undertakes to honor the invoice on receipt.

ARTICLE 4: Transport

4.1 All operations of transportation, handling, customs clearance, insurance are the responsibility and risk of the client. Responsibility of the Seller shall not be retained in case of disputes in these areas or in the choice of the carrier.

4.2 The rented equipment must return to the place of original shipping (factory).

4.3 No clause specifying exceptional conditions of shipping should be considered as an exception to this rule.

4.4 In case of a damage occurring during transport , it is the duty of the recipient to file a claim against the carrier, i.e. within three days of receipt of the goods and / or against the insurer and inform the Sellers in the same manner and deadlines.

ARTICLE 5: Reserves

5.1 Reserve on nonconforming goods : Goods are considered compliant and accepted by the Buyer if no written complaint is sent to the Seller within 48 hours of receipt of goods.

5.2 Reserve on Transportation: In case of reserves concerning the carriage of the goods, they must be endorsed on the bill of delivery specifying the nature of the damage : the words ” with reservations to unpacking , damage or counting ” has no legal value . Non-visible damage on the packaging and due to shock during handling may occur. It is therefore necessary to complete the unpacking of the goods upon receipt and, if necessary, suspend the reception in case of dispute.

Confirmation of reservations must be made ​​by registered letter within three days of receipt of the goods and take back the information given on the bill of delivery.

For lack of compliance with these measures, the recipient loses all his rights of appeal against the carrier: Sellers cannot be required to replace the responsibility of the carrier.

 

ARTICLE 6 : Insurance – Liability

6.1 Defects or damage caused by natural wear, by an external accident or by incorrect installation , by faulty maintenance, by improper use and / or abuse (surcharge …) or by integrating an element not expected by Sellers disengages the Sellers’ full responsibility for it.

6.2 The Buyer agrees not to mix other scaffolding companies’ equipment with the scaffolding equipment of Meric Grup & SWS Sky Walk Scaffolding companies within the same structure.

6.3 Direct or indirect liability of Sellers is expressly limited to the Sellers’ option, either with the replacement of the defective material, or with the refund of the price actually paid by the Buyer for the performance of any indemnity for any reason whatsoever.

6.4 The Sellers shall not be held responsible in case of accidents to persons or damage resulting from the use of goods or on the occasion of this job . The Buyer declares to know the rules of assembly and disassembly of the equipment required by the regulations in force as well as the Sellers’ recommendations .

6.5 The Sellers shall be under no obligation to repair indirect damages suffered by the Buyer or any third party, regardless of the nature, as trading or benefit losses.

6.6 Force Majeure : Are considered as force majeur events like wars, strikes, interruption of transport, lack of raw materials or any serious accident stopping or reducing manufacturing. In one of these cases, the circumstances include full-right dispensation to all our commitments.

6.7 The rental does not stop due to bad weather , strikes, … etc.

6.8 In the case of a rental with assembly job, the responsibility of the material is transferred upon delivery of the equipment and up to the date on which it will be dismantled. In the case of a rental without assembly, the assemby, the disassembly and all handling operations on the material is the sole responsibility of the Buyer and in no event shall the Sellers responsibility be required.

ARTICLE 7: Retention of title

7.1 The Sellers will remain owner of the property sold in the order until the payment by the Buyer of the full price stated on the invoice and after receipt by the Sellers of the total payment.

7.2 Despite this retention of title, the Buyer shall bear all risks associated with the transport and those arising from the possession of the goods by the carrier. This implies that the Buyer shall bear the cost of the products ordered by a solvent insurance until full transfer of ownership.

7.3 The Buyer undertakes not to dispose by freehold or by formation of wages, goods before full payment.

7.4 If the client objects to the return of unpaid goods, a simple injunction will allow the cancellation of the sale and the resumption of the goods by the Sellers.

ARTICLE 8 : Payment

8.1 Payment Terms: All orders will be invoiced, the Buyer shall bear the costs relating to the method of payment. If a discount is applied in case of cash payment, it will be stated on the invoice. Unless otherwise agreed, all invoices are payable by bill of exchange (LCR) accepted in bank. The bills of exchange sent to the acceptance must be returned accepted within fourteen days.

8.2 Delay or failure of payment: In case of non -acceptance or non- payment of a bill of exchange at maturity, the Sellers’ entire debt becomes immediately due and the interest of law, transaction charges, return and recovery fees are at the debtor ‘s own expenses.

In case of late payment, the Sellers can suspend all orders.

In case of non-payment, the full application of the sales law will be effective and will release the Sellers from any involvement with their Buyer. Sellers may also repossess all goods which have not been paid by the Buyer.

The Buyer shall pay all costs incurred by the debt-collection of the due sums.

8.3 Demurrage : The due sums will result from the first day of delay penalties in an amount equal to three times the legal interest rate calculated on the amount including VAT, without prior notice. Any calendar month started is due in full in terms of interest.

ARTICLE 9 : Warranty

9.1 The products are guaranteed against manufacturing defects for the period indicated in the catalogs and other documents at the date of the order. In case of default or hidden defects, the warranty is limited to repair (return in our workshops) or replacement of any component recognized as defective. Reimbursement or indemnity in respect of additional costs such as labor or immobilization of the equipment are excluded.

9.2 Any claim under the warranty against hidden defects must be expressed within six months after the delivery date so as to be taken into consideration.

9.3 Interventions under the warranty do not extend its duration.

9.4 Support under the guarantee implies the prior return of the defective product or component to the Sellers, at Buyer’s expense. Support of the product will be effective after analysis and diagnosis of the Sellers that will confirm the fault.

9.5 In case of a complaint, the Buyer shall not be allowed in any case the right to delay payment or make a deduction from the sums due.

ARTICLE 10: Return of goods

No returns will be accepted without prior written agreement from our Sales department. In case of accepted return, it will be performed a depreciation covering the examination fees, the reconditioning and mandatory downgrading.  The Sellers exclude any return against reimbursement.

 

ARTICLE 11: Copyright and industrial property

All the rights on the products, models, samples, drawings, photographs, logos belong to the Sellers and shall not be transferred, copied, published or transmitted without the prior written consent of the Sellers .

ARTICLE 12: Jurisdiction

In case of dispute, the Ankara Commercial Court has exclusive jurisdiction and the Turkish law is only applicable.