Terms and conditions

BiGiD MÜHENDİSLİK SANAYİ VE TİCARET LİMİTED ŞİRKETİ

1. Scope

These General Terms and Conditions (GTC) apply to all contracts concluded between BiGiD MÜHENDİSLİK SANAYİ VE TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as "BiGiD") and its customers (hereinafter referred to as "Customer") for the supply of products and the provision of services. Deviating conditions of the Customer will only be recognized if they have been confirmed in writing by BiGiD.

2. Conclusion of Contract

2.1 Offer and Acceptance
The presentation of products and services on the website does not constitute a legally binding offer, but an invitation to submit an inquiry or order by the Customer.

2.2 Conclusion of Contract
2.2.1 The offers from BiGiD are non-binding and subject to change unless explicitly marked as binding.
2.2.2 Customer orders are considered accepted only when confirmed in writing by BiGiD or when BiGiD has begun executing the order.
2.2.3 A contract is only effective upon BiGiD’s written or electronically transmitted order confirmation. Verbal or telephone orders, offers, and their confirmations, as well as any changes to these processes, are only binding if confirmed in writing.

3. Services

3.1 Scope of Services
BiGiD is committed to providing the services described in the written order confirmation or offer. Services not explicitly mentioned in the written order confirmation or these General Terms and Conditions are not part of the contract and must be agreed upon separately.

3.2 Changes to the Scope of Services
Changes or expansions to the scope of services require BiGiD's written consent. Additional services not included in the original contract will be billed separately.

3.3 Customer Cooperation
The Customer is obliged to provide BiGiD with all necessary information and documents in a timely manner to facilitate the execution of the services. Delays or additional costs arising from missing or late information or documents will be borne by the Customer.

3.4 Deadlines and Timeframes
Agreed-upon deadlines and timeframes for the provision of services are non-binding unless explicitly specified as binding. Delays due to force majeure or unforeseeable events entitle BiGiD to postpone the provision of services.

3.5 Acceptance of Services
Services are considered accepted if the Customer has used them without complaint or has not reported any defects in writing within 7 days of the service being provided.
BiGiD assumes that the Customer has fully and correctly implemented the transmitted planning and foundation drawings. BiGiD is not responsible for verifying this implementation.

4. Prices and Payment Terms

4.1 Prices
All prices are quoted in Turkish Lira (TRY) or another agreed currency and include the applicable VAT unless otherwise stated.

4.2 Payment Terms
Payment is due without deduction within 30 days of the invoice date unless otherwise agreed. In the event of late payment, BiGiD reserves the right to charge interest on arrears at 5% per month.
Any deduction of a discount requires a special written agreement.

5. Delivery and Shipping

5.1 Delivery Conditions
Delivery is made in accordance with Incoterms 2020 unless otherwise agreed.
Agreed delivery deadlines or dates require the Customer to provide necessary documents, approvals, or releases promptly, make down payments as agreed, and fulfill all other obligations in a timely manner. Any delays will adjust the schedule accordingly, and renegotiation may be required.
Wearing parts and spare parts are only included in the delivery if explicitly agreed upon in writing.

5.2 Delivery Times
Delivery times are non-binding unless explicitly agreed upon in writing. The company is not liable for delays due to force majeure or unforeseeable events.

6. Warranty and Liability

6.1 Warranty
6.1.1 BiGiD guarantees that the products delivered are free of significant defects at the time of transfer of risk. The statutory warranty period is 12 months from the delivery date unless otherwise agreed.
6.1.2 Obvious defects must be reported immediately, but no later than 7 days after receipt of the goods, in writing. Otherwise, the goods are deemed approved.
6.1.3 In the event of justified complaints, BiGiD reserves the right to remedy defects or provide replacement deliveries at its discretion.
6.1.4 The Customer is obliged to carry out regular maintenance on the machines and systems. This includes, in particular, checking, lubricating, and re-greasing moving parts and components, as well as checking and, if necessary, repairing seals. Failure to comply with these maintenance obligations may impair the lifespan and functionality of the machines and systems without giving rise to warranty claims against us.

6.2 Limitation of Liability
6.2.1 BiGiD is only liable for intent and gross negligence.
6.2.2 In cases of slight negligence, BiGiD is only liable for the breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable, typically occurring damage.
6.2.3 BiGiD is not liable for lost profits, indirect damages, or consequential damages unless there is intent or gross negligence.
6.2.4 The limitations of liability do not apply to damages resulting from injury to life, body, or health, nor to claims under the Product Liability Act.

7. Retention of Title
The delivered goods remain the property of BiGiD until all claims arising from the contract have been fully paid. This also applies to all future deliveries, even if BiGiD does not explicitly refer to this.

8. Documents
We retain ownership and copyright of documents such as cost estimates, designs, drawings, and calculations produced by us. Our documents may not be used, reproduced, or made available to third parties without our consent. Upon request, our documents must be returned to us.

9. Data Protection
BiGiD undertakes to treat the Customer's personal data confidentially in accordance with applicable data protection laws. Further information is available in the privacy policy.

10. Applicable Law and Jurisdiction

10.1 Choice of Law
The law of the Republic of Turkey applies, excluding the UN Sales Convention.

10.2 Jurisdiction
The place of jurisdiction for all disputes arising from this contractual relationship is Malatya, Turkey, if the Customer is a merchant or a legal entity under public law.

11. Final Provisions

11.1 Amendments and Supplements
Amendments and supplements to these GTC must be in writing.

11.2 Severability Clause
Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall not be affected.

Contact Information

BiGiD MÜHENDİSLİK SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Niyazi Mah. Niyazi Mısri Cad.
Çınarlar Plaza No: 50
Battalgazi / Malatya
Turkey
Phone: +90 530 274 23 37
Email: info@bigid-engineering.com
Website: https://bigid-engineering.com