General Terms of Sale and Delivery

What is agreed in writing comes first, then these terms.

• These terms apply to the sales of machines, spare parts and services by Malkan Makina Sanayi ve Ticaret A.Ş. (the “Company”) to merchants, public institutions and buyers abroad.
• Online sales to consumers are governed by the Distance Sales Agreement (in Turkish).
• Special provisions in the order confirmation or in a contract signed by the parties take precedence over these terms. The Buyer’s general purchasing conditions do not apply unless accepted by the Company in writing.

The contract is formed by our written confirmation.

• Unless another period is stated on it, our offer is valid for 30 days from its date of issue.
• The contract is formed when the Company confirms the order in writing (including by e-mail).
• The technical specifications and accessories of the product and operating values such as voltage and pressure are stated in the order confirmation; changes requested later may affect the price and delivery time.

Clear figures, terms in writing.

• Unless stated otherwise, prices are exclusive of value added tax and quoted in the currency of the offer.
• The method and term of payment are stated in the order confirmation; statutory default interest applies to amounts not paid when due.
• Until the price has been paid in full, the Company reserves the right to suspend shipment and commissioning services.

The manner of delivery is set by international rules.

• The place and manner of delivery are determined by the Incoterms® rule stated in the order confirmation; risk and costs pass to the Buyer in accordance with that rule.
• Delivery times are estimates unless stated as “fixed”; reasonable delays do not entitle the Buyer to withdraw from the contract or claim compensation.
• The obligation to deliver is suspended for the duration of events beyond the Company’s control, such as natural disasters, epidemics, war, strikes, power outages or decisions of public authorities.
• Partial deliveries are permitted.

Check on delivery, report problems at once.

The Buyer shall inspect the goods without delay upon receipt. It shall notify the Company in writing of obvious defects within two days of delivery, of defects detectable by inspection within eight days, and of hidden defects as soon as they are discovered (Article 23 of Turkish Commercial Code No. 6102). If a defect is not notified in time, the goods are deemed accepted.

Correct installation, correct use, long service life.

• The warranty period and scope are stated in the order confirmation or in the warranty certificate supplied with the product.
• Use contrary to the operating manual, unauthorised intervention, unsuitable electricity, water (including hardness and limescale), air or steam conditions and normal wear and tear are not covered by the warranty.
• Except in cases of intent and gross negligence, the Company’s liability is limited to the sales price; the Company is not liable for indirect damages such as loss of profit or loss of production.

We clarify the rules of the destination country together.

• Products are delivered with their operating manual and the documents stated in the order confirmation; steam boilers and generators are pressure tested before shipment and an inspection report is issued.
• Registration, inspection, licensing or certification requirements specific to the destination country (e.g. pressure equipment and boiler inspection) are the Buyer’s responsibility unless notified in writing before the order.
• Customs duties and import costs are borne by the Buyer in accordance with the applicable Incoterms® rule; when re-exporting the products, the Buyer complies with international sanctions and export control rules.

The path in a dispute is clear.

• Offers, drawings, catalogues and technical documents belong to the Company; they may not be copied or shared with third parties without permission.
• These terms and the sales contract are governed by Turkish law; the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
• In disputes, subject to the provisions on mandatory mediation as a precondition to litigation, the Istanbul Central (Çağlayan) Courts and Enforcement Offices have jurisdiction.

Personal data of the representatives of our business partners are processed under the Customer and After-Sales Privacy Notice and the Supplier and Business Partner Privacy Notice.