TERMS AND CONDITION OF SALE
These terms and conditions, the attendant quotation or acknowledgment, and all documents incorporated by reference there in, binds seller here in after the Seller, and the buyer,
hereinafter Buyer, and constitutes the entire agreement between Buyer and Seller for the provision of services and/or the sale of goods including
firmware incorporated therein.
CONTRACT
These Standard Terms And Conditions Of Sale (The “Contract”) Are The Only Terms And Conditions Applicable To The Sale Of The Equipment. Contract Formation And Acceptance By Seller Are Expressly Conditioned Upon Customer’s Assent To The Terms Of This Contract. If The Terms Of This Contract Are Not Acceptable, Customer Must Notify Seller Of Its Objections Immediately. Customer Shall Be Deemed To Have Accepted This Contract Unless Notice To The Contrary Is Received By Seller In Writing Within Ten Days From The Earlier Of The Date Of Seller’s Sales Confirmation Or Invoice. The Transmittal Of A Purchase Order With Regard To A Quotation By Seller Shall Constitute An Acceptance Of The Quotation And The Contract Of Sale As Set Forth Therein, Provided The Purchase Order Agrees With Such Quotation With Respect To (I) The Description Of The Equipment To Be Furnished By Seller As Shown On The Face Thereof; (Ii) The Quality Of The Equipment; And (Iii) The Purchase Price To Be Charged. Any Representations, Promises, Warranties, Or Statements By Seller’s Agents Or Employees That Differ In Any Way From The Terms Of This Contract Shall Be Void And Given No Force Or Effect. Any Additional Or Different Terms Or Conditions Set Forth In Any Communications, Including Without Limitation A Telephone Order, A Request For Quotation, Or Purchase Order Form, From Customer Shall Not Be Effective Or Binding Unless Expressly Assented To In Writing By An Officer Of Seller. All Shipments Are Made Pursuant To This Contract. No Other Terms Or Additions Are Acceptable. This Contract Is Intended As A Final And Complete Expression Of The Agreement Between Seller And Customer And Supersedes All Proposals And Prior Discussions And Writings Between The Parties With Respect Thereto.
A) A Sales Confirmation Or Similar Form Issued By Seller Pursuant To A Customer’s Purchase Order Constitutes An Expression Of Acceptance Of Such Order, But Such Expression Of Acceptance Is Expressly Conditioned Upon Customer’s Assent To This Contract.
B) Where Seller Does Not Issue Either A Quotation Or A Sales Confirmation And Ships Equipment Pursuant To Customer’s Purchase Order, Telephone Request Or Other Form Of Order, Such Sale Shall Be Subject To Seller’s Contract As Set Forth On Seller’s Invoice And Customer Shall Be Deemed To Have Agreed Thereto Unless The Equipment Is Returned Undamaged To Seller At Customer’s Expense Within Ten Days Of The Date Of Invoice, In Which Event Such Sale Shall Be Cancelled For All Purposes. As Set Forth Above, Any Additional Or Different Terms Or Conditions Of Sale Set Forth In The Purchase Order Or Other Communications From Customer Are For Customer’s Internal Purposes And Shall Not Be Effective Or Binding Upon Seller Unless Assented To In Writing By An Officer Of Seller.
C) Any Typographical Or Clerical Error Herein Is Subject To Correction By Seller.
PRICE
Unless otherwise specified by Seller, Seller’s price for the Goods and/or Services shall remain in effect for thirty (30) days after the date of Seller’s quotation or acceptance of the order for the Goods/Services, whichever is delivered first, provided an unconditional, complete authorization for the immediate manufacture and shipment of the Goods and/or provision of Services pursuant to Seller’s standard order processing procedures is received and accepted by Seller within such time period. If such authorization is not received by Seller’s price in effect for the Goods/Services at the time the order is released to final manufacture. Prices for Goods do not cover storing, installing, starting up or maintaining Goods unless expressly stated in Seller’s quotation. Notwithstanding the foregoing, the price for Goods/Services sold by Seller, but manufactured by others, shall be Seller’s price in effect at the time of shipment to Buyer.
DELIVERY
ORDER ACCEPTANCE AND DOCUMENTATION: All shipping dates are approximate and are based upon Seller’s prompt receipt of all necessary information from Buyer to properly process the order. Notwithstanding any provisions to the contrary in this or other documents related to this transaction, and regardless of how price was quoted, whether FOB, FAS, CIF or otherwise, legal title to the Goods and risk of loss thereto shall transfer to Buyer as follows: for sales in which the end destination of the Goods is within the Goods is outside of the Turkey, immediately after the Goods have passed beyond the territorial limits of the Turkeys. Acceptance of all orders placed by Buyer pursuant to this Agreement shall take place exclusively in Istanbul, Turkey. Seller shall provide Buyer with that data/documentation which is specifically identified in the quotation. If additional copies of data/documentation or non-standard data/documentation are to be provided by Seller, they shall be provided to Buyer at Seller’s price then in effect. Data/documentation marked as confidential or proprietary may not be reproduced or used for any purpose other than the purpose for which it was provided and may not be disclosed to third parties without the prior written permission of Seller.