Products

1.Descriptions 

GAZİ METAL: Gazi Metal Products Industry and Trade Inc.

CUSTOMER: Natural or legal person who purchases flat steel products or by-products from GAZİ METAL or who is in the demand and responsible for the payment processes of the affiliated corporations.

SYSTEM: GAZİ METAL software and business systems

CUSTOMER REPRESENTATIVE: GAZİ METAL employee who enters customer requests to GAZİ METAL business system and monitors and executes other order and sales transactions

PRODUCT: GAZİ METAL Flat steels to be produced at Karasu Cold Rolling Facility or processed at Gebze Steel Service Center or directly sold by GAZİ METAL

INSTALLATION BULLETIN: Installation document showing that partial or full payment of the order is made by the customer as requested DBS: Direct Debiting System ODA: Overdraft Deposit Account (DBS on credit)

DBS:Direct Debiting System

ODA:Overdraft Deposit Account (DBS on credit)

DBGS:Direct Bank Guarantee System (Non-Credit DBS)

SO:Subsidiary Order

PO:Production Order

FM:1st quality Stock Order

SS:2nd quality Stock Order

 

ORDER PRACTICES: The manufacturability, technical and commercial implementation rules (down payment, credit sales, financing costs, payment dates etc.) of products published by GAZİ METAL in any way,

 

2. SUBJECT AND SCOPE

Herein GAZİ METAL "Domestic Sales Terms" determines the rules and methods to be applied in the sales process of flat steel and subsidiary products sold in Turkey with GAZİ METAL brand. Unless otherwise stated, all provisions of the GAZİ METAL "Domestic Sales Terms" shall be valid for all claims, orders and stock purchases made by the CUSTOMER and for the CUSTOMER liabilities. CUSTOMER accepts production tolerances and standards and packaging forms of GAZİ METAL; special requests are priced separately.

 

3. GAZİ METAL AND RESPONSIBILITIES OF THE CUSTOMER

In order to be able to request goods from GAZİ METAL, the customer must first submit an application in writing to the GAZİ METAL Sales and Order system for registration and then submit the Trade-Industry Chamber Registration Certificate, trade register, signature circulars and other required documents to GAZİ METAL. If the application is accepted, customer registration will be realized and the CUSTOMER will be able to proceed with the notification of the customer number to be given to him by GAZİ METAL business system in writing to the related company.  

 

 

3.1. CUSTOMER'S RIGHTS AND RESPONSIBILITIE

CUSTOMER,

3.1.1. Accepts that the registration information declared during the customer registration application for GAZİ METAL Sales and Purchase System is correct and that any change of information will be notified to GAZİ METAL,

 

Otherwise, CUSTOMER accepts and undertakes in advance that the customer registration can be canceled, that any criminal, legal and administrative liability that may be incurred is his / her own and that he / she will compensate for any damages and losses that GAZİ METAL may encounter in such cases.

 

3.2. GAZİ METAL'S RIGHTS AND RESPONSIBILITIES

3.2.1. GAZİ METAL may temporarily suspend or stop the system operation at any time. GAZİ METAL has no liability to CUSTOMER or third parties for suspending or stopping the system temporarily. 

 

3.2.2. GAZİ METAL may not accept the application of the customer without any justification, or may suspend or terminate the CUSTOMER 's ability to perform transactions without any justification. 

 

3.2.3. GAZİ METAL is not responsible for any delays and all kinds of negligence that may arise due to technical problems of the system. 

 

3.2.4. The scope of sales of GAZİ METAL is limited to the flat steel products and by-products produced for the customers specified during the order acceptance process in certain stock orders and / or in their own stocks, which are not specific to any customer.

 

3.2.5. GAZİ METAL is fully authorized to use the personal and company information reported by the customers for the necessary commercial purposes such as communication, promotion, delivery, advertising etc.  

 

3.2.6. GAZİ METAL has the right and authority to change the price and other characteristics of the stock products offered to the sale. In case of errors in the price and product technical information, GAZİ METAL may deliver the product by correcting the error or cancel the relevant order and return the related order amount to the customer's account.  

 

3.2.7. GAZİ METAL may make changes in the application of the contractual agreement or may add new articles or may change the existing articles in order to comply with future technical obligations or regulations. GAZİ METAL notifies the customers of the changes in writing or verbally. The CUSTOMER accepts, declares and undertakes to act in accordance with the terms of the new contract, unless the member notifies clearly and in writing that the terms of the new contract have not been accepted within 5 business days from the date of the notification.  

 

3.2.8. GAZİMETAL may, in the course of its sales process, partially or totally change or convert the services it provides through the system into a fee-based service.  

 

4. PROCESSES THAT CUSTOMER HAS TO COMPLETE AND FOLLOW THROUGH GAZİ METAL SALES AND ORDERING SYSTEM

CUSTOMER,

4.1. GAZİ METAL accepts and undertakes that it must approve the production orders (PO) proposals notified to it and make all the processes of purchasing and paying the goods which are reported to be prepared and ready to be sold by stocks and stocks to be sold in accordance with the GAZİ METAL Sales and Order System.  

 

5. ORDERS

5.1. CUSTOMER, CUSTOMER shall notify GAZİ METAL clearly at the e-mail address "[email protected]" or 0 262 641 15 70/0 262 642 14 19 fax numbers with the information about the quantity, size, thickness, quality, special instruction, technical information, delivery address, delivery conditions and all production parameters, shipping, payment and other sales conditions together with the name of the company (natural or legal person), the name of the authorized personnel for the sale process.

 

5.2. After the receipt of the request, the customer representative of GAZİ METAL confirms to the CUSTOMER that the request has been taken. The process of entering the CUSTOMER’s request to the system is done by the customer representative of GAZİ METAL. 

 

5.3. If the CUSTOMER request is accepted by GAZİ METAL, the offer containing the effective sales price shall be sent by the CUSTOMER REPRESENTATIVE with the pro forma invoice attached to the CUSTOMER by e-mail or fax. The proforma invoice contains all the details of the order, the delivery type, the order expiry date, the price information and also the information on the deadline for down payment (bid validity period - option period).  

 

5.4. If the CUSTOMER approves the pro forma invoice in the option period by giving the relevant order(s) deposit to GAZİ METAL, the request shall be accepted with all the conditions and recorded as the order to be produced. 

 

5.5. At the rates determined separately for each of the approved requests (announced in the Order Implementation Principles), financial block-offs are made in the amount to be calculated over the cost of goods. 

5.6. GAZİ METAL, if deemed appropriate, may give stock lists containing effective price information to the customers who are in demand for first quality (FM) materials, second quality (SS) materials and Subsidiary Orders (SO) sales that do not have specific customers and will be sold from stock.

 

5.7. The basis rate for billing is the CBRT foreign exchange rate on the payment (loading bulletin) date, unless otherwise stated. 

 

7. ORDER PRE-PAYMENT-DOWN PAYMENT

7.1. No deposit will be taken during the request notification and it is absolutely necessary for the CUSTOMER to make the order’s down payment within the current period and current ratio announced by GAZİ METAL. The CUSTOMER may make the down payment either in cash or by issuing an ODA or letter of guarantee. 

 

7.2. CUSTOMER'S down payment is accepted as a definite guarantee of the order. If the CUSTOMER does not fulfill the obligation of payment (Article 9) or wants to cancel the order(s), this down payment shall be recorded by GAZİ METAL as a penalty for the contract. 

   

8. CANCELLATION OF ORDERS

GAZİ METAL may delay the delivery date of orders in case of force majeure, not limited to any kind of problems that may arise in GAZİ METAL such as strikes, lockouts, or production activities or technical problems, natural disasters and fire. However, if the requests approved by CUSTOMER can not be provided by GAZİ METAL, the deposit for canceled request will be returned to CUSTOMER fully. 

 

In this case, the CUSTOMER agrees and undertakes that no other claim shall be made to GAZİ METAL for any subject including direct or indirect damages. 

 

8.2. If, except for coercive reasons, FM, SS and SO orders can not be found in GAZİ METAL warehouses for any reason (damage, overdelivery, etc.), the order can be partially or completely canceled. 

 

In such a case, the CUSTOMER agrees and undertakes not to claim compensation for any reason, including direct or indirect damages, from GAZİ METAL.  

 

9. ORDER PAYMENT; Production Orders and Stock Orders

9.1. GAZİ METAL informs the CUSTOMER in writing that the completed production orders are ready to be shipped. Depending on the date of the ordering and notification, the final due date for the production orders; 

1. For orders for which ready notification is made before the order date, it is five (5) business days from the first day of the month.
2. For orders for which order delivery is notified, it is the fifth (5th) working day following the delivery notification date.
3. For orders for which ready notification is made after the order date, it is ten (10) business days following the date of readiness notification.

GAZİ METAL reserves the right to make amendments at the time of final payment. 

 

9.2. The price ($ / t) that will be applied during the payment process will remain constant with the effective price ($ / tons) stated by GAZİ METAL on the proforma invoice approved by the order. 

 

9.3. Amount due (USD); (USD) is calculated by adding VAT as stipulated by law, taking into account the unit cost of the unit (USD / tons), the amount of the unit (tons) and other relevant conditions specified in the sales practice.

 

9.4. Notifications can be made to all or part of the customer's order. Due to different order tonnages and actual production tonnages, GAZİ METAL will give +/- 10% of the order tonnage for orders with 51 tons or more for the orders, with 50 tons or less to the customer and +/- 20% ready tonnage can be declared with tolerance. 

 

The CUSTOMER may pay the amount of the notified amounts in part or in accordance with the minimum order tonnage up to the deadline specified by the contract. Following the payments made for the orders; it is the responsibility of the CUSTOMER to follow up the DOWNLOAD BULLETIN, which will be arranged on behalf of the CUSTOMER. INSTALLATION BULLETIN (payment) is issued to the CUSTOMER 's current account;

 

1. When payment is made in advance, up to the cost of goods and VAT calculated in accordance with the conditions set out above,
2. If crediting is to be made, the amount of the down payment and the amount of VAT equal to the amount determined by the down payment rates stated in the applicable Sales Implementation Principles shall be transferred from the current account to the GAZİ METAL account. GAZİ METAL weighers will be taken as basis during shipment as explained below. If there is a difference between the ready notification and the delivery of GAZİ METAL weighers, taking into consideration the +/- differences between them;

 

a.a. The difference (+) or (-) is reflected in the current account of the customer as the difference between the total amount of the goods shipped and the payment amount (loading bulletin) corresponding to the tonnage delivered in the prepayments. 

b.b. b.b. The amount corresponding to the specified rate of credit on the overdraft payments is blocked on the BMD, DBS or Letter of Guarantee according to the choice of the customer during the payment (loading bulletin). Depending on the amount corresponding to the delivery tonnage, the loan amount is recalculated and the previously calculated block is removed and the newly calculated amount is reflected to the ODA or DBGS and the borrowing appropriate to the actual situation is created and the relevant bank is notified. 

 

9.5. At the payment of the cost of goods, the down payment corresponding to the order quantity of each delivery party is deducted. 

 

9.6. However, if the payment is not done by one of the payment methods accepted by GAZİ METAL until the last payment date stated in "Article 9.1" (cash, maturity date, ODA or DBGS), an additional period is granted to the CUSTOMER for up to five (5) business days with the condition of the debt being taken at a delayed rate. In other words, all products with a delayed price to be applied for five (5) business days will be $ 0.50 / t day excluding VAT.  

 

If the customer does not make the payment, in spite of the extra time taken by delayed payment, the related order is canceled without any further notification and GAZİ METAL forfeits the order. 

 

9.7. CUSTOMER, who has previously owed GAZİ METAL a debt, is not allowed to make a new purchase. Provided that the borrower is paid, the CUSTOMER is allowed to perform the procurement transaction if GAZİ METAL approves it. 

 

9.8. If the shipment result after the completion of the shipment of goods is accrued in the case of overloading or consignment and if there is not enough balance for the shipped item or consignment amount in the guarantee letter, the current account is taken until the shipment. In case the current account is inadequate, the CUSTOMER 's current account is reduced to the amount of the said amount and the transaction is carried out in accordance with the provisions of Article 9.7. In any case, it is obligatory for the customer to deposit the amount of the returned amount in GAZİ METAL account within seven (7) business days. GAZİ METAL shall be entitled to collect the main debt and interest within the scope of the legal legislation, without any further notice on the due date after the date when the customer fails to deposit the current accounts payable within seven (7) business days. 

 

If the customer fails to pay any debts, all other debts that have not been due will be due. GAZİ METAL is authorized to collect all the expenses of the customer who has become due without any declaration, including the interest and all other expenses, as well as the guarantees, including the guarantees, as requested by law. 

 

9.9. Since the available funds determined for the CRED (Direct Deposit Collection System) are arranged by the banks in real time or on a lag, the liability of the correctness of the available funds belongs to the banks and the CUSTOMER. 

 

9.10. The amount to be paid during the issued loading bulletin shall be blocked by the cost type + VAT according to the payment type. According to the actual dispatch that takes place after the shipment is made, the customer is debited retrospectively considering the payment type that is determined during the bulletin formation. 

 

9.11. CUSTOMER is obliged to inform GAZİ METAL as soon as possible the changes that may occur in the title, open address, tax office and tax account number information. CUSTOMER acknowledges that all liability is his / her own due to problems caused by delay or lack of notification. 

 

The provisions of "Article 9" shall apply in cases where the customer is not explicitly stated in the sales of the stock, which is not obvious. 

 

10. PRODUCT DELIVERY

10.1. The inspection of the products shall be carried out on the FOT basis in Gebze and on the ground provided by the CUSTOMER and on the FOB basis by sea, depending on whether is to be operated on the Karasu factory floor or at the Service Center. These conditions are subject to special agreement with other delivery locations and shapes that may be requested in accordance with the customer's preference. 

10.2. CUSTOMER accepts production tolerances and standards of GAZI METAL. CUSTOMER shall hereby acknowledge that no steel type and size guarantee is given for any goods sold for A2 / A3 (SS). 

10.3. CUSTOMER is obliged to take delivery of the products belonging to the order within twenty one (21) working days (including Saturday) following the loading bulletin (payment) date issued by GAZİ METAL. Orders not received within this period are kept at a standstill for a maximum of 30 days provided that the daily warehouse cost of 1 $ / t day excluding VAT is taken without any product discrimination. If the customer does not deliver the product from GAZİ METAL warehouses even within this 30-day period, payment blocks and order assurance revenue are recorded and related materials are transferred to GAZİ METAL sellable stocks. 

10.4. According to the daily shipment schedule, if the loading cannot be done due to any reason, which is included in the GAZİ METAL shipment area, this situation shall be notified to the shipper in writing orally. 

 

11. DEFECTIVE GOODS APPLICATION

11.1. CUSTOMER is required to make a written application for defective goods. The follow up and finalization of customer complaints is the responsibility of the Quality Control Department and will be done and concluded with the Sales staff. Applicants with regard to (visible) defects that may be recognized as a result of careful inspection by the CUSTOMER shall be admitted within 10 working days of delivery to the CUSTOMER with the condition that the shipped product has not undergone any transaction.  

 

In the case of the mentioned breach, applicants for visible defects shall not be admitted. All disclosures related to the product type and steel qualities published in the Sales Implementation Principles and specified in the GAZİ METAL production limits shall be taken into consideration in the complaint evaluations. Applicants for defects that will occur during service operations such as slitting, length cutting, etc. made by a company other than GAZİ METAL, are accepted with the condition of informing GAZİ METAL in advance. 

 

On the other hand, the application period for (hidden) defects that may occur during the use of the product is limited to 3 months from the delivery of the product to the CUSTOMER.  

 

In case of the acceptance of the defective goods application by GAZİ METAL, the difference or return receipt to be deducted by the CUSTOMER shall be determined according to the dry, accepted tonnage and acceptance conditions (full refund; partial refund; first grade, second or third class scrap or any combination of these conditions) will be applied as the Foreign Exchange Sales Rate at the ending date of the consideration.  

 

However, 

1. The time specified in the relevant international standard shall apply for the guarantee of mechanical properties,
2. The warranty period is 3 months, provided that the necessary transportation and stocking rules for the oiled goods are complied with. There is no guarantee of corrosion for products not oiled with protective oil.

 

11.2 CUSTOMER is obliged to notify GAZİ METAL of the delivery note and product label belonging to the products subject to the complaint and to present it to GAZİ METAL employees who examine the complaint during the inspection. 

 

11.3 In case the complaint is justified as a result of the examination made, GAZİ METAL will be responsible for the maximum amount of product. GAZİ METAL cannot be held responsible for any related or indirect or indirect damages caused by the CUSTOMER.  

 

12. TRANSFERS AND RESTRAINT ON ALIENATION

The Parties may not transfer their rights and interests, obligations or debts as set out in this contract to third parties in whole or in part without the written consent of the other party. 

 

13. EVIDENCE AGREEMENT

In disputes arising out of this agreement, GAZI METAL's books, records, microfilms and computer records shall constitute valid and binding conclusions in accordance with Article 287 of the HUMK. However, in case of disagreement, the Gebze Civil Court and the Execution Offices shall be authorized.