General Purchase Specification
The following Terms and Conditions form an integral part of all contracts (orders) concluded with our Suppliers (Vendors). Deviating, supplementary or contrary contractual provisions, agreements and security agreements, even if known, do not become an integral part of the contract unless their applicability has been expressly confirmed in writing and do not apply to entries in our orders or requests for quotations sent to Suppliers. In case of doubt, the applicable Turkish Commercial Code shall be decisive for the interpretation of Commercial provisions.
1. Orders
1.Orders and other statements are binding only if they are submitted or approved in writing by Cronimet. The General Conditions of Sale of Suppliers are only valid if express prior approval has been given to their content and their use in purchase contracts concluded by Cronimet. Any modification of the content of orders or other statements by the Supplier without the express consent of Cronimet is void.
2.Prices stated in the contract are taken as basis. The price may change after the delivery of the material and after the quality report is issued. Unless otherwise notified, the material delivery location is Cronimet Turkey site. Transportation, crane and all costs during delivery belong to the supplier.
3. "General Considerations and Specifications in the Scrap Acceptance Procedure" applies (Document No: PR.07.01).
2.Dates and deadlines
1.Delivery dates are binding. The agreed delivery periods shall commence essentially upon signature of the contract.
2.If the delivery time is not specified for domestic purchases, it must be delivered within two weeks after the contract date.
3.If it is determined that the delivery date will be exceeded, the Supplier must immediately inform Cronimet Turkey Metal Ticaret A.Ş. in writing of the reason for the delay in delivery and its expected duration. The delivery date may be changed upon Cronimet Turkey's written confirmation of the new delivery date. Otherwise, exceeding the delivery deadline shall result in the relevant consequences of the delay.
4.Provision of service before the agreed dates gives the customer the right to refuse service until the deadline. Any additional costs resulting from non-acceptance of the products shall be borne by the Supplier. Early delivery shall be realized only after the written approval of Cronimet Turkey. Otherwise, Cronimet Turkey is not responsible for the parking and waiting costs of the vehicles arriving for delivery.
5.If Cronimet Turkey incurs additional costs for Cronimet Turkey in the event that Cronimet Turkey accepts deliveries made before the agreed date, the Supplier shall bear these costs. If the Supplier does not agree to cover these costs, Cronimet Turkey may in turn refuse to accept the products until the agreed delivery date.
6. In the event of non-compliance with the deadline by the Supplier, the Supplier shall bear the additional costs for Cronimet Turkey and/or Cronimet Turkey may, at Cronimet Turkey's sole discretion, withdraw from the contract in whole or in part without giving any justification. Cronimet Turkey may resort to law for the Supplier's failure to perform the obligations required by the contract.
3. Shipping
1. The Products must be shipped and delivered to the pick-up location provided by Cronimet.
2.Each delivery must be notified to the following address: info@cronimet.com.tr The notification must be sent no later than 24 hours before delivery. The time and place of delivery will be determined by Cronimet.
3.The Supplier undertakes to inform Cronimet on the date of dispatch of the goods by means of a dispatch notification containing details of the Cronimet contract number, quantity and precise description of the goods and to make available in full all accompanying documents necessary for official processing, in particular customs documents, delivery note, waste transfer notification, original invoice. The Supplier is obliged to issue the invoice and deliver it to Cronimet no later than 7 days after the date of dispatch. In case of failure to fulfill this requirement, all risks and/or costs arising in this regard shall pass to the Supplier.
4.The Supplier is obliged to keep the goods at the place of delivery and ready for unloading.
5.Changing the date or place of delivery requires the written approval of Cronimet.
6.No excess or deficiency in delivery or change in the class, type or quality of products is permitted without the written consent of Cronimet. The shipment of products in excess of the quantity covered by the agreement, shortage or any other class, type or other parameters of products or products with characteristics different from those covered by the agreement shall be at the Supplier's expense and risk and Cronimet may refuse to accept such products.
7.The Supplier accepts the weighbridge tonnage at the Cronimet Turkey site as final at the time of delivery.
8.The Supplier must ensure that the delivery is confirmed in writing by the specified place of receipt.
4. Invoice and payment for products
1.The Supplier shall submit a written invoice to Cronimet no later than 7 days after the provision of services/goods in accordance with the contract. This invoice shall be issued in accordance with the rules of the Tax Procedure Law, Commercial Law and the Scrap Purchase Conditions. In case of exemption from taxes or customs duties, these shall be stated on the invoice.
2.The supplier is also obliged to provide all other documents, especially the waste transfer form.
3.Cronimet may refuse to pay for products in the absence of the required documentation.
4.In the event of early delivery, we reserve the right to pay invoices on the contractually applicable date in the event of timely delivery.
5.If no agreement on payment has been reached, the invoice becomes due 60 days after receipt of the invoice after delivery and analysis results.
6.In the event of delayed payment by Cronimet, the Supplier may exercise its termination rights / right to give notice of termination or to terminate the contract only after a written call for payment of the receivables has been made and an additional period of 7 days for payment has been set by Cronimet.
5. Waiver, termination, set-off
1.The Supplier is not entitled to assign any of its contractual rights to third parties without the written consent of Cronimet.
2.Set-off against counterclaims of the supplier is only possible for undisputed claims or claims specified by a valid court decision.
3.Cronimet shall be entitled to set off all claims to which Cronimet is entitled against Cronimet Supplier. In the event that products are returned for quality reasons, the Supplier is obliged to immediately reimburse Cronimet for all payments that Cronimet may have made for such products, including interest equal to the statutory interest for default. Unless such payments are made, Cronimet shall be entitled to withhold the products until repayment is made.
6. Warranty, acceptance of products and complaints
1.The supplier guarantees that the products will meet the quality specified in the contract.
2.The supplier guarantees that the materials it sends are shipped and delivered in accordance with waste management and environmental laws. All responsibility that arises and may arise in this regard belongs to the supplier.
3.Each delivery must be free of all parts that are dangerous or harmful for processing and storage. This includes the prerequisite that it has been examined for explosive material according to the rules on workplace health and safety regulations for the disposal of dangerous objects, including explosives, from metal scrap and hollow bodies, which means that barrels, containers and boxes must be cut off. The supplier shall be fully liable for damages incurred due to the co -delivery of such materials.
4.All products must be free from ionizing radiation that goes beyond the natural self-radiation of steel. If the measuring device of the receiver shows a value exceeding the ambient radiation at the time the control measures are taken, the products contain ionizing radiation that goes beyond the natural ambient radiation of the steel.
5.This is documented in a measurement report after another control measurement. If such ionizing radiation is detected in the products, Cronimet shall be entitled to refuse to accept the cargo in the transport unit complained of and to inform the responsible authority and the Supplier. The Supplier must take delivery of the goods no later than 24 hours after notification of the refusal of acceptance, unless the competent authority requests that no further action be taken. All costs, return shipping costs and handling resulting from the refusal of acceptance by Cronimet shall be borne by the Supplier. The Seller shall also bear the costs incurred in the event that the authorities request special measures (e.g. separation and inspection of all parts of a load deemed to be contaminated, temporary interim storage on site, dismantling transportation subject to special security measures, disposal).
6.Each delivery requires a declaration on the origin of the products.
7.In the event that the Products are loaded or delivered in a manner not in accordance with the contract or the General Terms and Conditions of Purchase, any additional costs, including the cost of transportation, the cost of cleaning the means of transportation, the cost of penalties, shall be borne by the Supplier.
8.If, for optimum quality control (determination of the analysis), changes to the products are required (e.g. changes such as cutting, breaking and marking of the material), the relevant costs and expenses are borne/paid by the supplier.
9.The delivered products will be analyzed in Cronimet's laboratory in order to identify and check the type, characteristics and class of the products in terms of their compliance with the contract. The Supplier must raise any possible objections to the findings of the incoming inspection performed by Cronimet no later than 24 hours after notification of the results of the analysis. Cronimet reserves the right to process the products if no written notification is received from the Supplier.
10.Cronimet shall notify the supplier in writing of any defects in the delivered products that are identified during receipt or analysis, or that arise later, and the costs incurred shall be charged to the supplier. In cases where it is not possible, unacceptable or unreasonable to remedy the defect, or where it is not customary to remedy the defect and a mutual solution to reduce the price cannot be found, the products or material shall be returned to the supplier and the costs arising from the return process shall be charged to the supplier. The settlement offered by Cronimet shall be deemed accepted by the Supplier if no written objection is made within the next 24 hours.
11.Filing an objection does not limit Cronimet's right to assert its rights under the warranty or guarantee for defects. If the Supplier fails to fulfill its obligation to remedy the defect or to make a replacement delivery immediately, Cronimet may assert its statutory warranty rights without setting another deadline.
12. The Supplier shall be responsible for all costs related to the defect claim.
13.Cronimet reserves the right to terminate the contract without any notice period in the event of a recurrence of defectively supplied products.
14.The Supplier shall bear the costs and expenses of extraordinary actions arising from the checks of a faulty delivery.
15.For claims for defects arising in connection with a delivery, the statutory statute of limitations is binding.
7.Transfer of contract
The supply contracts cannot be transferred to third parties.
8. Responsibility
Unless otherwise provided in these conditions, Cronimet shall be liable for damages arising from breach of contractual or non-contractual duties or if the contract was initiated solely by the willful or gross negligence of Cronimet's legal representatives or agents. For culpable breach of essential contractual duties, Cronimet shall only be liable for general contractual, foreseeable damages, except in cases of intent or gross negligence of Cronimet legal representatives or agents.
9. Cross-border transactions
1.For all contracts where the delivery is made to a country other than Cronimet's registered office or where the Supplier has a registered office in a country other than Cronimet's registered office, authorization from its administrative authorities may be requested. In the event that customs duties, taxes, freight charges, energy costs, etc. subsequently come into force and/or increase, Cronimet is entitled to demand them from the Supplier.
2. The Supplier shall issue and send an additional invoice or debt receipt according to the difference between the first invoice and the reconciliation report submitted by Cronimet. The Supplier agrees to provide the original of this statement upon Cronimet's request.
3.Cronimet agrees to subject the waste shipped to it to a recycling procedure in accordance with applicable regulations. In the event that a shipment or recovery of waste cannot be completed as intended or in the event of an illegal shipment, the Supplier shall take back or recover the waste. Otherwise, and if necessary, the Supplier shall provide storage of the waste during this period.
10.Application location
1. The place of supply is always determined by Cronimet as the place where the products are received.
2. The Parties agree and undertake that they will first try to resolve all disputes that may arise due to the implementation of this Agreement through settlement. Istanbul Courts and Execution Offices shall be authorized to resolve disputes that cannot be resolved by settlement.
3. The signing of the contract, the interpretation of the contract and its terms and conditions, as well as the validity and fulfillment of the obligations arising from the contract shall be made in accordance with the TCC and TPL.
