Genel

ARTICLE 1 - GENERAL

1.1 The following conditions are part of the contract concluded with our company.

1.2. Our General terms and conditions are valid in the respective new version, including future business without expressively having to mention or agree on these upon conclusion.

1.3. We herewith contradict acknowledgements, counteroffers or other references of the ordering party, with regards to his General terms and conditions; divergent conditions of the buyer may only be valid in case they have been confirmed in writing by our company.

1.4 The buyer shall not cede claims resulting from transactions concluded with our company unless expressively agreed by us.

 

ARTICLE 2 - Offer/Order

2.1.   Our offers – particularly concerning volume, price and time of delivery – shall always be subject to changes.

2.2. Orders of the buyer shall only be considered as accepted after having been confirmed in writing. In case we do not particularly confirm in writing a contract concluded orally or by telephone, the invoice issued by us shall be considered as a confirmation.

 

ARTICLE 3- VALUE AND PAYMENT CONDITIONS

Prices are those which are valid at the date of delivery, and excluding any kind of taxes.
In case any tax shall be paid due to any legal regulations or over the determined taxes, ORTHAUS has the right to change the retail sale price agreed on previously. In the same manner, in case prices of raw materials change during the period from the date of order to the date of delivery, ORTHAUS is permitted to increase the prices agreed on previously. In this case, if the price is increased much higher than the inflation rate or increase in similar products, the BUYER is allowed to cancel the contract. In case of cancellation, the BUYER shall inform ORTHAUS about the demand of cancellation in written manner on the same day after being informed about any such increase of price. Otherwise, the contract can not be cancelled.
The BUYER shall pay the total amount in maximum 20 days after vehicles are landed in cash and in one time to the IBAN number of ORTHAUS.
In case payment of the BUYER is delayed, ORTHAUS has the right to claim any kind of loss whether negative or positive, due to such delay and in addition to these damages ORTHAUS has right to collect monthly delaying interest at a rate eight points (8) more than the advance interest rate applied by Turkish Republic Central Bank.
 

ARTICLE 4-DELIVERY

ORTHAUS is allowed to extent the date of delivery up to 3(three)weeks in case any force major such as unexpected strike, lockout, demands of official authorities, any change in the importing and exporting regime and other similar cases preventing fulfilling the liabilities in the contract and making the supply impossible. In case delivery is not conducted on such extended period, the BUYER is allowed to cancel the contract; however, the BUYER can not claim refunding of any loss and/or paid amounts under any name.
Any delay due to the BUYER (such as not giving approval of projects by the Buyer etc.), ORTHAUS is allowed to extend the date of delivery as much as delay period of the BUYER, on condition the rights of ORTHAUS are reserved.
 

In case the BUYER demands change in the contract (especially technical changes in the products), ORTHAUS has the right not to accept such demand, and in case ORTHAUS accepts it, the BUYER in advance accepts, declares and undertakes to bear any increase in the product price and the delivery date.
In case all efforts concerning supply and delivery of products are futile under good intentions, ORTHAUS is free from its liabilities stipulated in this Contract. In such a case, the Contract is cancelled automatically and the BUYER can not demand any refunding of paid amounts or any kind of loss, damages or compensations and/or under any name.
In case the BUYER fails to receive the products itself or by its competent persons to receive, within 8 (eight) days after being informed about the product being ready to be delivered to, the BUYER in advance accepts, declares and undertakes to pay parking fees at the amount of 10TL (Ten Turkish Lira) per day. In addition, the BUYER in advance accepts, declares and undertakes that all rights on the product shall be lost and the ownership rights of the Products shall be transferred to ORTHAUS and the BUYER shall pay penal compensation in the rate of 15 % (fifteen percent) of the product price in case such lacking of receiving will exceeds 30 (thirty) days.
 

ARTICLE 5- PRODUCT OWNERSHIP AND PLEDGING

After checking of the products, the BUYER shall accept delivery of the same and the BUYER shall be the owner upon delivery.
Since the price of the products within this contract will be paid in long term in installments, a pledging contract will be issued between the parties regulating the mutual rights and liabilities of the parties and concerning pledging over the products for the benefit of ORTHAUS at the amount of sale prices by the BUYER. The mentioned pledging contract is an integral part and attachment of this contract.
In case the BUYER does not fulfill payment liabilities or the BUYER suffers considerable financial difficulties, ORTHAUS, provided that its rights arising from this Contract are reserved, may claim returning of the vehicle or receive it back. Until such negative situation is corrected or legally disappears the BUYER has no right to take the vehicle(s) back. The BUYER who shall loose its ownership on the vehicle shall not offer ORTHAUS to return the vehicle back before all her liabilities to ORTHAUS are fulfilled.
 

ARTICLE 6- GUARANTEE 

ORTHAUS declares that the product is guaranteed by manufacturing firm for a period of 24 (twenty four) months for newly manufactured products. The period of guarantee starts after the date of delivery. For parts not manufactured by ORTHAUS, the guarantee periods of part manufacturers are valid. Vehicle is under warranty against rusting for a period of 10 years.
Rust warranty coverage
Rusting that occurs on the vehicle due to normal working conditions which covers not more than %5 of the total surface area of the vehicle is accepted as normal deterioration.
Paint warranty of the parts other than the chassis is limited to 2 years.
Customer can request cost free repair of the chassis in an authorised Orthaus service point if the rusting on the vehicle is more than %5 of the total surface area of the chassis.
Any repairs conducted on the vehicle by non authorised service points will invalidate the warranty.
Paint defects that can occur after high pressure, high temperature washing operations are not covered with the paint and anti-rust warranty.
Paint defects that can occur after use of abrassive materials or solvents are not covered with the paint and anti-rust warranty.
Any repairs conducted in an authorised Orthaus service point will not provide the warranty to start from beginning.
Immediately after delivery of the product, the BUYER shall inform ORTHAUS in written manner about the distinctable faults. Concerning any fault not recognized under normal conditions by first look, the BUYER will inform ORTHAUS within 8 (eight) days as of the date of delivery. Concerning any fault appearing after starting to use the product in time, the BUYER shall immediately inform ORTHAUS in written manner. Otherwise, the product will be outside the guarantee.
In case the BUYER informs ORTHAUS about the fault in time, ORTHAUS can decide correction of faults or to replace the product. The BUYER can not demand deduction or cancellation of sale contract except the cases that ORTHAUS cannot correct the faults in an appropriate period or replace the Product by another one. Any cost of repair or maintenance after guarantee period is terminated, shall be paid by the BUYER.
The BUYER is not allowed to conduct any repair or maintenance, in service points other than recommended or approved by ORTHAUS. Otherwise the product guarantee is invalid.
Parts and tires obtained from third persons are subject to legal guarantee periods. In case any condition stated in the articles 6.2 and 6.3 occurs, which require ORTHAUS to apply the equipment manufacturer concerning any guarantee and in case such guarantee application is rejected, ORTHAUS is free concerning any liability concerning in the article 6.3 and since liability is passed to equipment manufacturer, the BUYER shall relay the BUYER claims to such manufacturer directly.
Second hand products, parts and other upper structures that ORTHAUS sells are out of the guarantee.
In case the product is changed, etc. or used under conditions not stated in utilization conditions mentioned in contract attachments without ORTHAUS’ permission, the product shall not be under guarantee.
All consumption parts (brake lining, tires, brake disks and clappings, isolation curtains, valves etc.) are out of guarantee.
Maintenance of the product will be carried out by an authorized service point by frequencies mentioned in utilization handbook. The stamp of the authorized service and the date of period maintenance must be stated in the guarantee booklet supplied to the BUYER upon delivery. In case the above mentioned conditions are not respected, the product is outside the guarantee scope.
Only Authorized Service points are allowed to correct any painting faults in lengths more or bigger than 5 (five) mm to any direction occurring on the product. Not respecting this condition shall result the invalidity of the guarantee.
Concerning any case not satisfying the functions promised, except those occurring due to clear and proved gross fault of ORTHAUS, the BUYER can not claim any additional compensation.
 

ARTICLE 7- PROTECTION OF DATA CONFIDENTIALITY

The BUYER accepts that upon signing of the contract, ORTHAUS is allowed to store any information about the BUYER and process the same in electronic medium.
The BUYER accepts that all technical, commercial, financial and all other related information belonging to ORTHAUS including this contract are private and confidential under any condition and format (altogether ‘Private Information’) Therefore, the BUYER shall never argue, publish, reproduce, change, use the same openly, directly or indirectly (unless ORTHAUS permits in written manner) or relay the same to any person other than personnel and other personnel who ought to know for fulfilling contract liabilities. This article shall remain valid even after the end of the contract.
 

ARTICLE 8- EVIDENCE CONTRACT

The BUYER accepts, declares and undertakes that the books, documents, computer data and findings of ORTHAUS are exclusively valid proofs on any matter of disagreement concerning commenting, conducting or similar matters, based on the article 193 of Legal Judgments Method Law, and that the BUYER waives on its rights to claim any objection.

 

ARTICLE 9- TAX, STAMP AND DUTIES

All kinds of tax, duty, fees including stamp tax, due to signing of this contract shall be born by the BUYER.

 

ARTICLE 10- SOLUTION OF DISAGREEMENTS

In all disagreements due to this contract, Turkish Laws are valid and Courts of Bakırköy and Akyazı as well as Execution Department have jurisdiction.

 

ARTICLE 11- OTHER CONDITIONS 

This contract reflects the real intention of the parties and replaces all previous oral or written agreements between the parties. Any change on the contract is valid only upon issuing in written manner and signing of duly representatives of the parties.
This contract and its attachments constitute an inseparable entire contract. In case any article of the contract is invalid and not in parallel with any law, regulation or others or cancelled by any court and/or legal authorities, the remaining parts will be considered as valid by seeing it separate from other conditions, on condition that liabilities of one party is not increased in abnormal degree.
In case ORTHAUS does not use or execute any right, authority and privilege due to this contract, or delayed in using, it does not mean that ORTHAUS has abnegated/waived from using such right, authority and privilege.

New constructions of trucks and tilt trailers provide a number of advantages for our customers:

  • Innovative Robust and innovative design
  • 10-Year 10-year warranty against corrosion
  • Volumes More volume, less empty weight - provides high load capacity (depending on the model)
  • Vehicle Long service life of the vehicle
  • Operating Lower operating costs
  • Sale The high cost of the secondary sale

ORTHAUS manufacturing is equipped with a fully automated robotic welding line, high-quality surface treatment, including blasting, zinc phosphate and cataphoretic paint application, that allows the vehicle to have a unique view with 10-year warranty against corrosion.


 
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