Access and use of this site is permitted solely on the basis that you undertake to comply with the following Terms and Conditions.
This site is the property of the Elektramar® A.S. a company registered in TURKEY under number Izmir - Karsiyaka - 1659/K:1327 and whose registered office is Ataturk Organized Industrial Zone M. Kemal Ataturk Blv.23-25 Cigli-35620 Izmir, TURKEY ("Elektramar®"). The legal information appearing below is provided by Elektramar® for the benefit of Elektramar® 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. Elektramar® 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 Elektramar®. 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
Elektramar® 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 Elektramar®. 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 Elektramar®, 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 Elektramar® 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. Elektramar® 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. Elektramar® 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 Elektramar® as a consumer are unaffected.
Elektramar® 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.
Elektramar® 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 Elektramar® is virus free. Users and recipients are advised to take their own precautions, as Elektramar® accepts no liability in this regard.
Elektramar® gives permission to copy materials appearing on this Site and any related graphics provided that any such copies are only used in Elektramar®'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.
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.
The Trademarks and Logos ("Trademarks") used and displayed on this Site are registered and unregistered trademarks of Elektramar® and others 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 Elektramar®, or third parties and their products and services are proprietary marks of Elektramar® and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any intellectual property right of Elektramar®, or any other third party.
No waiver by Elektramar® of any breach of these terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
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.
General Conditions of Sales, Delivery & Warranty
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.
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.
3.1 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 Ex-Works 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.
4.1 Our invoices are payable in advance payments by Telegraphic Transfers through Banks. 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 cannot 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.
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.
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.
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. ELEKTRAL ELEKTROMEKANIK SAN. VE TIC. A.S.L Izmir Ataturk Industrial Zone, M. Kemal Ataturk Blv. 23-25 Cigli, 35620 - Izmir / TURKEY Phone: +90 0 232 376 7300 pbx Fax: +90 0 232 376 7030