GENERAL TERMS AND CONDITIONS (GTC)

BIGID MÜHENDİSLİK SANAYİ VE TİCARET LİMİTED ŞİRKETİ

BIGID MÜHENDİSLİK SANAYİ VE TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as “BIGID”) provides engineering, design, consulting, and manufacturing services in the fields of machinery, plant, and production technology. These General Terms and Conditions apply to all contracts concerning planning, design, manufacturing, delivery, installation, commissioning, and associated service or consulting work performed by BIGID, unless otherwise agreed in writing.

1 Scope of Application

These General Terms and Conditions (GTC) apply to all contracts between BIGID and its customers (hereinafter referred to as “Customer”) for the supply of products and the provision of services. Any deviating terms and conditions of the Customer shall only be valid if expressly 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 the Customer to submit an inquiry or order.

2.2 Formation of Contract

2.2.1 BIGID’s offers are non-binding and subject to change unless explicitly stated as binding.
2.2.2 Customer orders are deemed accepted only after written confirmation by BIGID or upon BIGID commencing execution of the order.
2.2.3 A contract shall only come into effect through a written or electronically transmitted order confirmation issued by BIGID. Oral or telephone orders, offers, and confirmations thereof, as well as any amendments, shall only become binding once confirmed in writing.
2.2.4 BIGID reserves the right to revoke or amend an offer or order confirmation in cases of proven typographical, printing, or calculation errors that result in incorrect price or quantity details. In such cases, the Customer shall be informed immediately; any payments already made shall be refunded in full.

2.3 Validity of Offers

BIGID’s offers remain valid for 30 days from the date of issue, unless otherwise specified in the offer. After this period, BIGID may adjust prices and conditions.

3 Services

3.1 Scope of Services

BIGID undertakes to perform the services described in the written order confirmation or offer. Services not expressly stated in the order confirmation or these GTC are not part of the contract and must be separately agreed upon. Planning, consulting, and design services are deemed services or work performances. A specific technical or economic result shall only be owed if explicitly agreed in writing.

3.2 Changes to the Scope of Services

Any changes or extensions to the agreed scope of services require BIGID’s prior written consent. Additional services not included in the original contract will be invoiced separately.

3.3 Technical Modifications

BIGID reserves the right to make technical changes to designs or components, provided such modifications serve the purpose of improvement, safety, or modernization and are reasonable for the Customer. Such modifications do not entitle the Customer to claim a price reduction or to withdraw from the contract.

3.4 Customer’s Duty to Cooperate

The Customer shall provide BIGID with all necessary information and documentation in full and on time to ensure proper execution of the services. Delays or additional costs resulting from missing or late information shall be borne by the Customer. If performance is delayed for reasons attributable to the Customer (e.g., missing approvals, late information, incomplete plans), the delivery and performance deadlines shall be extended accordingly. BIGID may charge additional costs arising therefrom—especially personnel, travel, and downtime expenses—separately.

3.5 Deadlines and Schedules

Performance dates and deadlines are only binding if explicitly confirmed in writing. Delays due to force majeure or unforeseeable circumstances entitle BIGID to postpone performance for the duration of the disruption.

3.6 Acceptance of Services

Services are deemed accepted if the Customer uses them without objection or fails to notify BIGID in writing of any defects within 7 days after completion. Acceptance by conduct is also deemed to have occurred if the Customer uses the service without written objection.

3.7 Training, Installation, and Commissioning

If the contract includes installation, training, or commissioning services, the

Customer shall ensure timely availability of all necessary conditions (e.g.,

access, power supply, personnel, safety measures).

Delays or additional costs resulting from insufficient preparation or absence of personnel shall be borne by the Customer.

4 Prices and Terms of Payment

4.1 Prices

All prices are quoted in Turkish Lira (TRY) or another currency agreed in writing and are exclusive of statutory VAT, unless stated otherwise. Packaging, transport, insurance, and customs costs are not included unless expressly agreed.

4.1.1 Currency and Exchange Rate

Payments shall be made in the currency specified in the contract. If payment is made in another currency, the Customer shall bear all exchange rate differences and bank fees. The applicable rate shall be the selling rate published by the Central Bank of the Republic of Türkiye (TCMB) on the date of receipt of payment.

4.2 Terms of Payment

Unless otherwise agreed in writing, the following payment terms apply:

4.2.1 Standard Orders and Service Work

For smaller orders, spare and wear parts, repairs, or services, payment shall be due in full within 14 days of the invoice date, without deduction.

4.2.2 Plant Projects and Major Orders

For larger orders or plant projects, payment shall be due in full within 30 days of the invoice date, without deduction. For such projects, BIGID may require milestone payments as follows:

20% advance payment after order confirmation

20% after technical planning

20% before the 1st shipment

20% before the 2nd shipment

15% before the 3rd shipment

3% after installation

2% after commissioning.

4.2.3 International Projects

For international projects, payment may—if agreed in writing—be made via an irrevocable, confirmed letter of credit in favor of BIGID. The letter of credit must allow partial shipments and remain valid for at least 21 calendar days after the last shipment date.

4.2.4 Early Payment Discount (Skonto)

A discount for early payment shall only be granted with BIGID’s prior written consent.

4.3 Default of Payment

If the Customer defaults on payment, BIGID may charge default interest of 8 percentage points above the applicable base rate. For domestic transactions within Türkiye, the base rate of the Central Bank of the Republic of Türkiye (TCMB) shall apply; for international transactions, the rate set by the European Central Bank (ECB) may apply. For contracts concluded in Türkiye, the statutory interest rates under Article 1530 of the Turkish Commercial Code (TTK) shall apply. BIGID may withhold further deliveries or services until full payment has been received and, after setting a reasonable grace period and issuing written notice, may withdraw from the contract. All reminder and collection costs shall be borne by the Customer.

4.4 Price Adjustments

If material, energy, transport, or labor costs increase after contract conclusion, or exchange rates fluctuate by more than 5%, BIGID may adjust prices accordingly and shall notify the Customer in writing.

4.5 Taxes, Fees, and Duties

All taxes, charges, customs, or import duties related to delivery or performance shall be borne by the Customer unless otherwise agreed. BIGID shall not be liable for customs or tax delays beyond its control.

4.6 Bank Details

Payments shall be made exclusively to the business account stated in the offer or invoice. Alternative payment methods (e.g. letters of credit, bank guarantees) require BIGID’s prior written consent. Refunds shall be made using the same payment method as originally used. BIGID shall not be liable for delays caused by banking or third-party payment systems.

5 Delivery, Shipping and Storage

5.1 Delivery Conditions

Delivery shall be made in accordance with Incoterms 2020 unless otherwise agreed. Agreed delivery dates or deadlines require that the Customer provides all necessary documents, permits, or approvals in due time, makes agreed advance payments, and fulfils all other contractual obligations. If delivery is delayed due to late documents, approvals, or payments by the Customer, the deadlines shall be extended accordingly. In such cases, BIGID is entitled to reschedule delivery in coordination with the Customer.

5.2 Spare and Wear Parts

Wear parts and spare parts are included in the delivery scope only if expressly agreed in writing.

5.3 Catalogue and Brochure Information

Information contained in catalogues, brochures, technical documents, drawings, or on BIGID’s website is binding only if expressly confirmed in writing. Such information constitutes technical descriptions and not guaranteed characteristics or warranties.

5.4 Delivery Times

Delivery periods are binding only if expressly confirmed in writing. No compensation claims may be made for delays caused by force majeure or other unforeseen events beyond BIGID’s control.

5.5 Reservation of Self-Supply

If BIGID’s suppliers fail to deliver, BIGID reserves the right to withdraw from the contract. Liability for delays or failure to deliver exists only in cases of intent or gross negligence.

5.6 Shipping, Packaging and Transfer of Risk

Unless otherwise agreed, shipping is at the Customer’s expense and risk. If delivery is made ex works from a supplier or manufacturer commissioned by BIGID, that location shall be deemed the place of delivery under Incoterms 2020 (default EXW). Once the goods have been handed over to the first carrier, the risk of accidental loss or damage passes to the Customer, even if BIGID organizes transport. Transport and packaging costs are borne by the Customer unless otherwise agreed in writing. Complaints about transport damage must be made directly to the carrier.

5.7 Acceptance

If no formal acceptance takes place, delivery is deemed accepted when the Customer uses the goods or fails to report defects in writing within 14 days after delivery. Partial deliveries are permissible and shall be treated as independent deliveries.
5.8 Storage, Transport and Handling

5.8.1 Storage

All delivered plant components must be stored in clean, dry, and well-ventilated premises. Major temperature fluctuations must be avoided to prevent condensation; if unavoidable, removal of packaging film is recommended. Control cabinets and electrical components must be stored on flat, dry, and stable surfaces; laying them on the side or upside down is prohibited. BIGID accepts no liability for damages resulting from improper storage conditions (e.g. humidity, temperature changes).

5.8.2 Transport and Unloading

Suitable lifting equipment must be used for unloading. Components may be lifted only at designated lifting points. During unloading and unpacking, care must be taken to prevent water or dirt from entering control cabinets or other sensitive equipment.

5.8.3 Labelling and Storage Management

Storage areas must be clearly marked in accordance with the packing list. The Customer is responsible for ensuring proper and transport-appropriate storage and handling to avoid damage or functional impairment.

6 Warranty and Liability

6.1 Warranty

6.1.1 BIGID warrants that the supplied products are free from material defects at the time risk passes. The warranty period is 12 months from the delivery date unless otherwise agreed in the contract.

6.1.2 Obvious defects must be reported without delay, but no later than 7 days after receipt of the goods, otherwise the goods shall be deemed accepted. The 7-day period applies only to visible defects (e.g. packaging damage, visible part defects, missing components). For general inspection and hidden defects, the 14-day period in Section 5.7 applies.

6.1.3 In the case of justified complaints, BIGID may, at its discretion, remedy the defect or supply replacement goods.

6.1.4 The Customer shall perform regular maintenance on all machines and systems, including checking, lubrication, and re-greasing of moving parts and replacement of seals where necessary. Failure to do so may affect performance and does not entitle the Customer to warranty claims. BIGID is not liable for damages caused by improper installation, operation, or handling. The Customer must observe all safety and operating instructions.
6.1.5 The Customer shall grant BIGID a reasonable period for remedy. Replaced parts become the property of BIGID. Further claims, in particular compensation for indirect or consequential damage, are excluded to the extent permitted by law.

6.2 Limitation of Liability

6.2.1 BIGID is liable only for intent and gross negligence.
6.2.2 In cases of slight negligence, BIGID is liable only for breaches of essential contractual obligations (“cardinal duties”), and then only for foreseeable and typical damages.

6.2.3 BIGID shall not be liable for loss of profit, indirect damage, or consequential loss, except in cases of intent or gross negligence.
6.2.4 These limitations do not apply to damages resulting from injury to life, body, or health, nor to claims under product liability law.

6.2.5 BIGID shall not be liable for production losses, downtime, loss of use, or other indirect damages unless caused by intent or gross negligence. For used machines or spare parts, a warranty is valid only if expressly agreed in writing.
6.3 Limitation Period

Warranty claims shall expire 12 months after delivery unless mandatory statutory provisions provide a longer period. For spare parts, the limitation period begins on the date of their respective delivery.

7 Force Majeure

Events such as war, natural disasters, strikes, supply shortages, power failures, or governmental actions beyond BIGID’s control release BIGID from its obligations for the duration and scope of their impact. Down payments already received will not be refunded if expenses or material costs have already been incurred. BIGID shall promptly inform the Customer about the occurrence and expected duration of such events.

8 Retention of Title

The delivered goods remain the property of BIGID until full payment of all claims arising from the contract. This applies also to future deliveries. Ownership passes only when all claims from ongoing business relations are fully settled (“extended retention of title”). Resale, pledging, or assignment as security before full payment requires BIGID’s prior written consent.

9 Withdrawal, Non-Acceptance, and Forfeiture of Advance Payments

9.1 Withdrawal or Non-Acceptance by the Customer

If the Customer makes a down payment or prepayment and subsequently withdraws from the contract without legal justification, or fails to accept the goods or services within the agreed period, BIGID may retain all or part of the payment.
9.2 Contractual Penalty and Damages

BIGID may charge a lump-sum compensation of 20% of the order value, or at least the down payment, as a contractual penalty. The Customer may prove that no or lesser damage has occurred. BIGID reserves the right to claim higher actual damages.

9.3 Storage, Deadlines, and Resale

If the goods are not collected or accepted within 30 days of notice of readiness, BIGID may charge storage fees of 1% of the goods’ value per week. After 90 days, BIGID may resell the goods; payments already made shall not be refunded.

10 Documentation and Intellectual Property

10.1 Ownership and Copyright

All documents prepared by BIGID, such as quotations, drafts, drawings, and calculations, remain the property and intellectual property of BIGID. Without written consent, they may not be used, reproduced, or disclosed to third parties. Upon request, such documents must be returned.

10.2 Intellectual Property and Usage Rights

All drawings, calculations, models, 3D data, layouts, and technical documentation remain the intellectual property of BIGID, even if handed over to the Customer. Transfer or use by third parties requires written consent. Usage rights pass to the Customer only upon full payment of the agreed remuneration.
10.3 Technical Standards and Regulations

Unless specific standards are stated, planning, design, and production shall follow Turkish (TSE, EN, ISO) and relevant European standards (e.g. DIN). The Customer is responsible for compliance with national installation, safety, and operating regulations at the destination.

11 Liability for Design and Planning Services

BIGID is liable for design or planning errors only in cases of intent or gross negligence. Liability is limited to proven direct damages and to the agreed fee amount. No liability shall be assumed for consequential losses, production stoppages, or loss of profit. The Customer shall indemnify BIGID against all third-party claims arising from incorrect or incomplete information, drawings, or data provided by the Customer.

12 Customer’s Inspection and Cooperation Duties

The Customer must promptly review and approve documents provided by BIGID and report discrepancies in writing within 10 days; otherwise, they are deemed approved. Amendments after this period are considered additional services and invoiced separately. The Customer is responsible for ensuring that design and foundation drawings are implemented correctly on site and for informing BIGID about site conditions and safety rules.

13 Changes and Additional Services

Any changes to the agreed scope of work after contract signing must be confirmed in writing by BIGID. Additional effort resulting from Customer requests will be charged at the current hourly rates.

14 Remuneration and Due Date

Unless otherwise agreed, billing shall be based on actual working time according to the applicable fee or hourly rates. BIGID is entitled to issue reasonable progress or interim invoices in line with project progress. Payments shall be made within 14 days from the invoice date.

15 Confidentiality

Both parties undertake to treat all information, documents, and data obtained during cooperation as strictly confidential and not to make them accessible to third parties. This applies in particular to technical information, drawings, CAD data, models, and other project documents provided by BIGID. Disclosure to third parties is permitted only with BIGID’s prior written consent. This obligation remains in force after termination of the contract.

16 Use of Subcontractors

BIGID is entitled to engage suitable subcontractors, partner companies, or freelancers to fulfil its contractual obligations. This may include cooperation with external design offices, manufacturing companies, or technical service providers performing specific tasks on behalf of BIGID. BIGID is liable for their actions only within the scope of the above limitations of liability. BIGID remains responsible for proper coordination of commissioned work but is not liable for errors or delays caused by third parties.

17 Retention and Provision of Documents

17.1 Retention Period

BIGID shall retain project data, technical drawings, and other documents for a period of three (3) years after project completion. After this period, BIGID is not obliged to retain or provide such documents. Extended storage may be agreed in writing for an additional fee.

17.2 Form of Delivery

Technical documentation, operating manuals, and other materials will be provided exclusively in digital form after project completion unless otherwise agreed in writing.

18 References

BIGID is entitled to refer to completed projects in its own marketing materials and to use the Customer’s name and logo as a reference unless the Customer expressly objects in writing.

19 Product Liability and Safety

19.1 Compliance with Technical and Safety Standards

BIGID ensures that the delivered machines and plants comply with the technical and safety standards applicable at the time of delivery. BIGID is not liable for damages resulting from improper installation, operation, or maintenance. The Customer undertakes to use the delivered products only for their intended purpose and in accordance with the operating manual.
19.2 Customer’s Safety Obligations and Reporting Duty

The Customer must immediately inform BIGID of any safety-related incidents or complaints concerning the delivered products. BIGID is not liable for damages arising from non-compliance with national safety or approval regulations in the country of destination. In the event of safety violations, BIGID is entitled to suspend work until safe conditions are restored.

20 Export and Import Regulations

20.1 Compliance with Applicable Laws in the Country of Destination
The Customer must comply with all laws and regulations applicable in the country of destination for import, use, and resale of the supplied goods or services. Any violations are the sole responsibility of the Customer.
20.2 Customs and Licensing Procedures

The Customer is responsible for obtaining all necessary import, export, operation, or commissioning permits in due time. Any delays or costs caused by missing or late permits shall be borne by the Customer. BIGID is not liable for delays or failures due to customs, export or import restrictions, or comparable governmental measures.

20.3 Indemnification for Violations

The Customer shall indemnify and hold BIGID harmless from all third-party claims arising from violations of export, import, or customs regulations related to the supplied goods.

20.4 Turkish Export Control Laws

The Customer undertakes to comply with all Turkish export control laws. BIGID reserves the right to refuse deliveries or services if these would violate national or international export control regulations.

21 Data Protection

BIGID undertakes to handle all personal data confidentially in accordance with the Turkish Personal Data Protection Law No. 6698 (KVKK). Further details are provided in the Privacy Policy.

22 Applicable Law and Jurisdiction

22.1 Governing Law

This contract shall be governed exclusively by the laws of the Republic of

Türkiye, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

22.2 Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship shall be Malatya, Türkiye, provided the Customer is a merchant or legal entity under public law. BIGID may also bring legal action before the Customer’s general place of jurisdiction.

22.3 Contract Language

The contract language shall be Turkish unless another language is expressly agreed in writing. In case of discrepancies between the Turkish and any foreign-language version, the Turkish version shall prevail.

23 Occupational Safety and Environmental Protection

BIGID undertakes to comply with all applicable regulations on occupational safety, health protection, and environmental protection. The Customer must ensure that all necessary safety measures are implemented at the place of use to protect personnel and equipment. Violations of safety or environmental regulations entitle BIGID to suspend work until compliance is restored.

24 Insurance Coverage

24.1.1 BIGID maintains business liability insurance covering personal injury and property damage occurring in connection with the agreed services.
24.1.2 The Customer must, at its own expense, obtain adequate insurance for the transport of supplied goods and for potential risks during installation, commissioning, or storage.

24.1.3 BIGID’s liability for losses or damages not covered by insurance is excluded.
24.1.4 During transport, assembly, installation, and commissioning, the Customer bears responsibility for insurance coverage, including damages to machines, components, or tools occurring during these processes.
24.1.5 BIGID is not liable for damage to materials, components, or tools provided by the Customer unless expressly included in the service scope and insured.
24.1.6 BIGID is not liable for damages caused by force majeure, unforeseeable events, or third-party actions. The Customer is advised to obtain extended insurance for such cases.

24.1.7 BIGID may request proof of valid insurance coverage from the Customer, especially for international or high-risk projects.

25 Electronic Communication

Documents transmitted electronically (e.g. order confirmations, delivery notes, inspection reports) are binding if issued by an authorized representative. Digital signatures and electronic documents (PDF) fulfil the requirement of written form.

26 Final Provisions

26.1 Amendments and Additions

Amendments or additions to these General Terms and Conditions must be made in writing. Oral side agreements or assurances are valid only if confirmed in writing by BIGID.

26.2 Severability Clause

If individual provisions of these Terms and Conditions are invalid or unenforceable, the validity of the remaining provisions shall not be affected.
26.3 Limitation of Other Claims

Any Customer claims not relating to defects shall become time-barred 12 (twelve) months after they fall due, unless mandatory legal provisions stipulate otherwise.
26.4 Assignment and Transfer of Contract

The Customer may transfer rights or obligations under this contract to third parties only with BIGID’s prior written consent. BIGID may assign its receivables against the Customer to third parties, in particular for financing purposes.

 

Effective Date: 20 October 2025

This version replaces all previous editions of the General Terms and Conditions.

 

Contact Information

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