General Terms of Supply
Taja Marble – Kemal Can Canki Ic ve Dış Ticaret
Headquarters: Camikebir Mah. Atatürk Mah. No:7 K:2 D:211, Seferihisar – İzmir, Turkey
Purchase Orders
Purchase orders represent an “irrevocable proposal to buy” and are valid for 30 days. No purchase order shall be binding on TAJA MARBLE unless accepted in writing.
Delivery of the ordered goods shall constitute written acceptance of the purchase order. Acceptance of a continuous flow of orders does not imply acceptance of all future orders nor guarantee future supplies.
We do not accept terms and conditions of purchase that conflict with our own terms of supply and payment.
Delivery
The delivery date refers to the consignment date of goods to the carrier and is not binding on the seller. The seller assumes no liability for any delays in delivery or for any resulting damage or inconvenience to the buyer. Force majeure events (e.g., power outages, severe weather, strikes, lockouts) may authorize us to cancel or suspend supplies. Reductions by the seller in the order quantity or delays caused by inefficiencies or force majeure shall not entitle the buyer to cancel the contract.
Shipment
The goods are shipped at the buyer’s risk and expense, even in cases where free delivery terms apply. The seller assumes no liability for damages, losses, or delays during transit; claims related to these issues should be directed to the carrier. Packaging costs will be billed at cost, excluding returns. The specified loading period must be observed, as failure to comply may result in the seller considering the buyer in default and reselling the goods to third parties. The seller accepts no liability for delays in transportation that exceed the agreed loading date.
If the buyer refuses the goods or is unable to receive them, the seller reserves the right to enforce or terminate the contract and seek further damages.
Retention of Title
Goods remain the sole property of the seller until fully paid within the agreed period, even if transformed, combined, or deposited with third parties. Any resale to third parties is also subject to this retention of title clause. Any claims by the buyer against third parties arising from the sale of these goods shall automatically transfer to the seller as a guarantee for full payment. The buyer shall not transfer ownership of the goods as security for any obligations. Any third-party claims regarding these goods must be immediately reported to the seller.
Complaints
The buyer must inspect products before shipment. Our company is not responsible for errors or defects that arise after delivery to the destination. Returns are not accepted for any reason.
Filing a complaint does not entitle the buyer to reject the supply, partially or fully, or to unilaterally reduce the price or modify payment terms. The seller accepts no liability for documented damage reported after shipment. Returns or replacements are not accepted, especially for custom-made goods, unless specifically agreed upon.
Samples
Marble, porphyry, and granite are natural products and therefore may vary in appearance. We strive to match supplies to samples as closely as possible; however, samples are for general reference only and are not binding.
Prices
All prices are ex-works and exclude VAT. Billed prices are those current at the billing date. Expenses incurred by the seller for shipment-related costs (e.g., freight, carriage) are to be refunded by the buyer. For free-of-carriage sales, the buyer shall pay carriage charges directly to the carrier upon delivery, which will be considered an advance on the bill.
Payments
Payments must be made prior to shipment by bank transfer, without discount, to the head office of Taja Marble – Kemal Can Canki İç ve Dış Ticaret in Seferihisar, İzmir, unless otherwise agreed. In the case of cheque payments, the buyer assumes responsibility for any bank fees or interest.
Our agents or collaborators are not authorized to accept payments or provide receipts in our name without specific written authorization, verified by telephone or fax.
Place of Discharge of Obligations
Both parties discharge their obligations at the seller’s premises in İzmir. The seller’s obligation to deliver goods is fulfilled by handing them over to a carrier.
Jurisdiction
All disputes relating to this contract shall be resolved by the Court of Seferihisar, İzmir, even in cases involving cheques, bills of exchange, drafts, or credit lines. This clause benefits the seller, who may choose to bring actions before any other competent court if desired.
Approval of General Terms and Conditions
By placing an order with Taja Marble, you fully and unconditionally accept these terms and conditions.
Approval of Specific Terms and Conditions (Pursuant to Turkish Commercial Code)
By submitting a purchase order, the buyer specifically approves the following terms and conditions:
- Delivery
- Shipment
- Retention of Title
- Complaints
- Payments
- Jurisdiction
In written acceptance of the terms and conditions indicated above.