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Information
Access and use of this site is permitted solely on the basis that
you undertake to comply with the following Terms and Conditions.
Elektral® A.S.
This site is the property of the Elektral® A.S., a company registered
in TURKEY under number Izmir - Karsiyaka - 1659/K:1327 and whose
registered office is Ataturk Organized Industrial Zone M.K.Ataturk
Blv.23 Cigli-35620 Izmir, TURKEY ("Elektral®"). The legal
information appearing below is provided by Elektral® for the benefit
of Elektral® itself and also its subsidiaries, officers, employees
and agents and affiliates and their officers, employees and agents
from time to time.
Conditions
of Use
Use of this site constitutes your acceptance of these terms and
conditions, which take effect on the date you first use the site.
Elektral® reserves the right to change these terms and conditions
at any time by posting changes online.
Material
may not be copied, reproduced, republished, downloaded, posted,
broadcast or transmitted in any way except for your own personal
non-commercial home use. Any other use requires the prior written
permission of Elektral®. You agree not to adapt, alter or create
a derivative work from any of the material contained in this site
or use it for any other purpose other than for your personal non-commercial
use.
You
agree to use this site only for lawful purposes, and in a manner
which does not infringe the rights of, or restrict or inhibit the
use and enjoyment of this site by any third party. Such restriction
or inhibition includes, without limitation, conduct which is unlawful,
or which may harass or cause distress or inconvenience to any person;
the transmission of obscene or offensive content; or the disruption
of normal flow of dialogue within this site.
If
these Terms and Conditions are not accepted in full, you do not
have permission to access the contents of this website and therefore
should cease using this website immediately.
Information
and Disclaimers
Elektral® uses reasonable care to make sure that the information
appearing on this Site is accurate and up-to-date. However, errors
and omissions do occur and the information may not be complete or
up-to-date. Therefore the user should not take the accuracy of the
information for granted. Any specific facts should be checked directly
with Elektral®. None of the material contained in this Site (nor
any omission from it) can be relied upon as a statement or representation
of fact, and does not and will not form part of any contract.
You
are responsible for reviewing regularly information posted online
to obtain timely notice of such changes. Your continued use of this
site after changes are posted constitutes your acceptance of these
terms & conditions as modified by the posted changes.
This
site and the information, names, images, pictures, logos and icons
relating to Elektral®, its products and services (or to any third
party's products and services), is provided on an "AS IS"
basis without any representation or endorsement made and without
warranty of any kind whether express or implied, including but not
limited to the implied warranties of satisfactory quality, fitness
for a particular purpose, non-infringement, compatibility, security
and accuracy.
In
no event will Elektral® be liable for any damages including, without
limitation, direct, special, indirect or consequential, or any damages
arising from use or loss of use, loss of data, or loss of profits,
whether contract, tort (including negligence), arising out of or
in connection with the use of the site. Elektral® does not warrant
that the functions contained in the material contained in this site
will be uninterrupted or error free, that defects will be corrected,
or that this site or the server that makes it available are free
of viruses or bugs or represents the full functionality, accuracy,
reliability of the materials.
Elektral®
has no control over the use to which the information may be put
by the user and accordingly shall not be liable for any loss, cost
or liability, of whatever nature (including, without limitation,
any loss of profits or opportunity or direct, indirect or consequential
loss or damage) arising out of or in connection with use of such
information.
The statutory rights of a customer dealing with Elektral® as a consumer
are unaffected.
Hypertext
Links
Elektral® cannot and has not reviewed all of the sites linked on
this Site, and shall not be liable for their content. Users link
to other sites at their own risk and use such sites according to
the terms and conditions of use of such sites.
Transmitted
Material
Do not post or transmit to or from this Site any unlawful, defamatory,
obscene, scandalous, inflammatory, pornographic or offensive or
damaging material (including, without limitation, any computer "virus")
or any other material which could give rise to any civil or criminal
liability in the territory to which this Site relates.
Any
material or information transmitted to or posted to this Site by
users (including without limitation any text, graphics, video or
audio) will be treated as non-confidential and non-proprietary and
may be disclosed or disseminated or stored or used by Elektral® for
any purpose whatsoever including but not limited to developing,
manufacturing and selling software and products. You are required
by such submission to grant Elektral® a perpetual, royalty-free,
non-exclusive, sublicenseable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform, play, and exercise all copyright and publicity
rights with respect to any such work worldwide and/or to incorporate
it in other works in any media now known or later developed for
the full term of any rights that may exist in such content, consistent
with privacy restrictions set forth in Elektral®'s Privacy Policy.
By
submitting your contribution to this site, you also:
Warrant that such contribution is your own original work and that
you have the right to make it available to Elektral® for all the
purposes specified above; Indemnify Elektral® against all legal fees,
damages and other expenses that may be incurred by Elektral® as a
result of your breach of the above warranty; and Agree to waive
any moral rights in your contribution for the purposes of its submission
to and publication on the Elektral® site and the other purposes specified
above.
If
you do not wish to grant such rights to Elektral®, it is suggested
that you do not submit your contribution to this site.
Viruses
Elektral® uses reasonable care to ensure that it does not create,
replicate or transfer any computer viruses. However, viruses unfortunately
exist, they are not always easy to identify and new and previously
unknown viruses are continually being created and transferred. Accordingly,
no guarantee can be given that this website and any software, email
or program from Elektral® is virus free. Users and recipients are
advised to take their own precautions, as Elektral® accepts no liability
in this regard.
Copyright
Elektral® gives permission to copy materials appearing on this Site
and any related graphics provided that any such copies are only
used in Elektral®'s commercial interests and the copyright notice
shown below appears in all copies. This permission may be withdrawn
at any time and for any reason.
Elektral®
®
Where third party material appearing in this Site is used, copied
or repeated the prior written consent of the owner of the copyright
in that material must be obtained and the copyright notice pertaining
to that third party material must appear on all copies.
Trademarks
The trade marks and logos ("Trademarks") used and displayed
on this Site are registered and unregistered trademarks of Elektral®
and others and may not be used in any advertising or other publicity
materials in relation to the display of any information or materials
obtained from this Site without the prior written consent of the
Trademark owner.
The
names, images and logos identifying Elektral®, or third parties and
their products and services are proprietary marks of Elektral® and/or
third parties. Nothing contained herein shall be construed as conferring
by implication, estoppel or otherwise any licence or right under
any intellectual property right of Elektral®, or any other third
party.
Waiver
No waiver by Elektral® of any breach of these terms shall be considered
as a waiver of any subsequent breach of the same or any other provision.
Jurisdiction
If any of these Terms and Conditions should be determined to be
illegal, invalid or otherwise unenforceable by reason of the laws
of any state or country in which these Terms and Conditions are
intended to be effective, then to the extent and within the jurisdiction
which that Term or Condition is illegal, invalid or unenforceable,
it shall be severed and deleted from this clause and the remaining
terms and conditions shall survive, remain in full force and effect
and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in
accordance with the laws of TURKEY. All disputes shall be subject
to the sole jurisdiction of the TURKISH (Izmir-Karsiyaka) Courts.
If these Terms and Conditions are not accepted in full, you do not
have permission to access the contents of this website and therefore
should cease using this website immediately.
Conditions
of Sale and Delivery Izmir 01.01.2002
1. Offer, documentation
1.1 We supply exclusively on the basis of these Conditions of Sale
and Delivery. The buyer’s Conditions of Business apply only
in so far as they coincide with our Conditions of Sale and Delivery,
even if these have not been expressly objected to by us. Agreements
which deviate from our conditions shall only apply if they have
been agreed in writing.
1.2 We reserve the right the right of ownership and copyright to
drawings and other documentation; they may not be utilized nor made
accessible to third parties without our approval.
1.3 The buyer must notify us in writing at the offer stage of any
demands which will be made on the item to be supplied beyond the
standard uses and of any other risks which may arise through their
use.
1.4 If offers and order confirmations refer to our catalogue or
our brochure material then in each case the details on the latest
edition shall apply. We reserve the right to make technical modifications.
Details in adverts describe our products but contain only approximate
technical specifications.
1.5 No claims can be accepted by our Firm, regarding the applications
of these goods, from the second and third parties since specs and
the specific good itself, are known in advance.
2.
Contract
The extents of the mutual obligations are governed by our order
confirmation. Additional agreements and amendments only apply if
these are confirmed by us in writing.
3.
Prices
3.1 Our prices; apply ex works excluding disposable packaging which
is invoiced as extra at cost price and as a Company policy, all
our deliveries are FOB-Izmir Turkey. Commencing the date of invoice
insurance and all other responsibilities concerning the merchandise
will be borne by buyer.
3.2 If there is a change in the essential factors which determine
prices such as wages and / or costs for materials and / or industrial
materials then we are entitled to adjust the prices accordingly.
4.
Payment
4.1 Our invoices are payable in general at advance payment or partly
by irrevocable Letter of Credit in large quantities.
4.2 Off-setting payments using non-acknowledged counter claims by
the buyer are excluded.
4.3 Delivery to first buyers new to us is definitely, only made
against payment in advance of the amount.
4.4 Remittance by receipt only, invoices can not be acquitted.
5.
Delivery periods
5.1 Agreed delivery periods commence with the date of the order
confirmation. They are deemed to have been met if the items for
delivery are ready for dispatch before expiry of the delivery period.
5.2 The delivery periods are extended appropriately in the event
of unforeseen circumstances which are beyond our control such as
strikes and lock-outs, operating breakdowns, delays in the supply
of essential materials regardless of whether these obstacles arise
on our part or that of another sub-supplier. Nor are we responsible
for these situations even if delivery is already overdue. If these
obstacles arise then both parties are entitled to withdraw from
the contract.
5.3 We are entitled to effect part-deliveries.
5.4 If delivery by us is overdue then the buyer is entitled to withdraw
from the contract after expiry of a reasonable extended period set
by him, insofar as we have still not dispatched the purchase items
or parts thereof prior to receipt of the withdrawal declaration.
5.5 Other claims for delay, in particular for compensation, are
excluded. Where this exclusion is not statutorily permissible then
our liability is limited to the direct losses casually attributable
to our delay.
6.
Transfer of risk, multiple or short deliveries
6.1 Irrespective of the type of transportation and its costs, the
goods are transported at the buyer’s risk.
6.2 In the case of special consignments, reasonable multiple or
short deliveries will be taken into account on the invoice.
7.
Retention of title
The goods supplied by us remain our property until all claims against
the buyer, for whatever legal reason, have been met.
8.
Complaints
The goods supplied by us are deemed to have been accepted if complaints
have not been submitted promptly, this means within a period of
8 days following dispatch.
9.
Guarantee
In the event of justified complaints the decision on whether to
repair or issue a credit note is at our discretion. Claims for compensation
are excluded. That also applies to claims for compensation for damage
which has not occurred on the delivery item itself and for claims
for compensation resulting from any liable breach of our obligation
to carry out repairs.
10.
Liability for additional obligations
Advice and information on the use of our items supplied is given
according to the best of our knowledge although we are excluded
from liability in this context because the responsibility regarding
the suitability and use of our goods in accordance with the terms
lies with the buyer.
11.
Product liability
We are liable to the buyer exclusively in accordance with section
8 of these conditions for faults on items supplied by us. Claims
by the buyer arising from product liability are excluded.
12.
Right to withdraw
If we are subsequently unable to supply the goods the buyer is entitled
to withdraw from the contract. In the event that we are only able
to effect part delivery of the goods the buyer is entitled to withdraw
from that part of the contractual work which has been unable to
be performed. There are no rights for claims for compensation due
to withdrawal.
13.
Guarantee
The guarantee is restricted to the replacement of parts free of
charge whereby evidence of materials or manufacture faults is to
be conclusively proven. Other guarantee provisions or claims for
compensation are excluded. Complaints regarding equipment and installation
of same must be notified to us immediately the fault occurs. All
possible reclamations including the quantity and quality are restricted
within 10 days commencing the date of our related invoice.
14.
Place of performance, jurisdiction, applicable laws
14.1 Our registered office is the place of performance for supply
and payment. For both partners, the contract shall come under the
jurisdiction of Izmir, Turkey or the registered office of the buyer,
at our discretion. All contrary agreements will be considered void
after the receipt of this conditions or our related invoice, if
not objected within 10 days.
14.2 The law of the Republic of Turkey applies in addition to the
terms of the contract for all agreements and legal negotiations
and disputes may arouse of the parties to the contract. The Hague
Agreement on Rights of the Buyer dated in July 1964, or others does
not apply.
Atatürk Industrial Zone, M.K.Ataturk Blv.23 Cigli 35620 - Izmir
/ TURKEY
Phone : +90 0 232 376 7300
pbx
Fax: +90 0 232 376 7030
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