1.1 These General Terms and Conditions of Delivery apply to every offer and every agreement
regarding the delivery of supplies by EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT
İHRACAT VE TİCARET LİMİTED ŞİRKETİ, hereinafter referred to as EAST GATE GIDA TEKSTİL İNŞAAT
OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ.
1.2 All offers and quotations are without obligation.
1.3 Subject to the following, an agreement is concluded by the acceptance of an order by EAST GATE
GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ or one of
its employees. EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET
LİMİTED ŞİRKETİ has the right to reject orders taken by its employees within 7 days of the order.
2.1 Unless otherwise agreed in writing, the prices do not include transport costs as well as costs for
documents, openings of letters of credit and the like.
2.2 If, through the introduction or amendment of national, supranational or foreign government
measures, the cost price for EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT
VE TİCARET LİMİTED ŞİRKETİ is increased or if the delivery conditions of the products for which an
agreement has been concluded with EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT
İHRACAT VE TİCARET LİMİTED ŞİRKETİ are influenced, EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV
LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ is entitled to make appropriate changes in
prices and / or to apply delivery terms.
3.1 Deliveries are made carriage paid.
3.2 On delivery "free domicile" the goods are insured by EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV
LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ against transport risk. With this delivery,
EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ
determines the mode of transport and has the choice of means of transport.
4.1 The products are considered to be delivered, without prejudice to the provisions of Article 14, as
soon as they have arrived and unloaded at the destination indicated by the buyer, which is indicated
on the accompanying transport documents. From that moment on, the products are a risk for buyers.
The buyer and the persons he uses for the loading and transport of the products are obliged to
follow all instructions given by or on behalf of EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK
İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ.
4.2 EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED
ŞİRKETİ does not accept any liability for bodily injury or material damage.
4.3 The buyer is obliged to ensure the prompt unloading of the means of transport that has arrived at
its destination and must provide the necessary instructions for this. Those who deliver the products
on behalf of EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET
LİMİTED ŞİRKETİ are not liable for the damage caused when following the instructions given, nor
EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ
itself.
5.1 All delivery times are approximate only.
5.2 Exceeding the delivery times, for whatever reason, does not entitle the purchaser to non-
fulfillment of any obligation entered into towards EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV
LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ or any compensation.
6.1 If the buyer does not purchase the products within the agreed time, he is deemed to be in default by operation of law and EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ has the right to charge 10% of the invoice value without notice for each day by which the agreed time is exceeded: EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ is in this case also entitled to cancel the agreement and other pending agreements in whole or in part by the mere written notification thereof to the buyer, without prejudice to EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ further rights, such as the right to full compensation.
7.1 Force majeure in the broadest sense of the word relieves EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ from its obligation to deliver within a certain period or on a specific date and gives it the right, if necessary, to cancel a relevant purchase agreement in whole or in part by means of a written notification thereof to the copper
7.2 Force majeure means any circumstance or event not attributable to EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ fault, as a result of which fulfillment of an obligation of EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ cannot reasonably be required. Force majeure is understood to mean inter alia business disturbance, accumulation of orders, lack of sufficient stock and generally circumstances that interfere with regular production at EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ and on delivery to the buyer.
8.1 Complaints with regard to the quantity of product delivered and other defects visible on delivery must be stated immediately on the accompanying documents.
8.2 Complaints regarding defects not visible on delivery must be made in writing, clearly described, within 2 days after receipt of the goods.
8.3 By signing the documents without further mention as above under 8.1. Or by the expiry of the period of 8 days as above under 8.2., All complaints in this regard will lapse.
8.4 Complaints also lapse if the delivered products are changed after delivery in nature and / or composition, are damaged in whole or in part or have been repacked. In its opinion, EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ may exceptionally deviate from the provisions of this article.
9.1 Only in the event of an attributable shortcoming of EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ is it liable to the buyer for damage to physical goods, which is the immediate and immediate result of that attributable shortcoming, as well as the consequential damage resulting from this.
9.2 EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ is not liable for damage if either the products are removed by the buyer or his customers from the packaging, which may or may not be intended for consumer traffic, or if these products are changed or opened by the buyer or his customers, with the aim of which is to bring the products directly into consumer traffic.
9.3 EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ is also not liable for damage as a result of third-party claims against the buyer under Articles 6: 185 et seq. Of the Dutch Civil Code, if the defect in the product supplied by EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ, hair or a third party for which it is liable cannot reasonably be blamed, in particular if the defect did not exist at the time the product was put into circulation by EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ or if the defect is due to failure to follow the instructions provided to the buyer.
10.1 Return shipments are only permitted if EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ has expressly agreed to this or if these return shipments take place by or on behalf of EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ, upon approval, the returned products will be credited at the next delivery, or replacement products will be delivered.
10.2 Unless otherwise agreed, returns are for the account
11.1 EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ may charge a deposit on the packaging to the buyer. Packaging will only be taken back at the calculated price for sorted and undamaged (carriage paid) return. If the packaging is not or not properly sorted, 20 euro cents less will be paid / reimbursed per crate.
11.2 Packaging is given to the buyer on loan. The packaging remains the property of EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ under all circumstances.
11.3 The shipment is at the expense and risk of the buyer.
11.4 Settlement of calculated and returned packaging is only permitted after inspection by one of the employees of EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ.
12.1 Unless otherwise agreed, the buyer is obliged to pay the purchase price directly. If expressly agreed, the purchase price can be paid within the agreed period after the invoice date by deposit or transfer to one of the bank accounts of EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ.
12.2 EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ has the right, in its opinion, to demand cash payment or advance payment, as well as to suspend further delivery as long as previous deliveries have not been paid. The buyer is at all times obliged, at the first request of EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ, to provide the security that it considers necessary for the payment of its debts to EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ.
12.3 Payment has been made as soon as EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ has obtained the money.
12.4 If the payment is not or not in the possession of EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ within the agreed term after the invoice date, the latter can also charge the statutory interest without notice of default. This interest calculation will start on the eleventh day after the invoice date.
12.5 When delivered in parts or installments, the payment conditions apply to every partial delivery or installment.
13.1 Without prejudice to its right to claim performance and / or compensation, EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ is entitled to dissolve the agreement with the buyer in whole or in part without legal intervention and / or to claim compensation and to suspend delivery to the buyer in the event of partial dissolution, if the buyer should in any way be negligent in the fulfillment of his obligations, the buyer ceases his business, is declared bankrupt, applies for a moratorium, offers an agreement to his creditors or other similar circumstances arise.
14.1 The quantity of product delivered by EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ to the buyer remains the property of EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ at all times, as long as the related invoices with interest and costs have not been paid in full.
14.2 Until that time, the Buyer is only entitled to dispose of or process those goods if the act is part of the normal and regular conduct of his business
14.3 All products and packaging in possession of the purchaser from EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ are always deemed to be the same as those stated on the unpaid invoices, at least the quantity of product, type and composition in the possession of the purchaser and the invoices do not exceed the stated quantities.
15.1 Without prejudice to EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ right to choose the competent court, any disputes that may arise between the buyer and EAST GATE GIDA TEKSTİL İNŞAAT OTOMOTİV LOJİSTİK İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ will be settled by arbitration, in accordance with the regulations of the Turkish Arbitration Institute.
15.2 Costs of judicial and extrajudicial collection, including consultancy costs, are always borne by the buyer.
16.1 All agreements to which these conditions are applicable in whole or in part are