Terms of Use (General Conditions of Sale, Delivery, and Payment)
1. General Applicability
These terms apply to all offers and contracts with STU Endustri Treyler and its subsidiaries (STU).
The general terms of the other party (the buyer) are explicitly excluded and not applicable.
Deviations from these terms require STU’s express written consent.
In the event of a conflict between these terms and a specific offer/contract, the specific offer/contract prevails.
2. Offers and Orders
All offers by STU are non-binding unless a validity period is specified or agreed otherwise in writing.
STU may revoke an offer within 10 business days after receiving acceptance.
Information in catalogs, drawings, and weight indications is not binding.
Orders are binding only upon written confirmation by STU or when processing begins.
If an ordering party cancels an order, they must pay the total value of the order to STU and hold STU harmless from third-party claims.
Changes to orders are only effective if agreed to in writing by STU. STU reserves the right to charge higher costs resulting from any changes.
3. Prices
Prices are in Euro (€) and are exclusive of VAT, packaging, and other costs such as transport, loading, and import duties.
Delivery is "Ex Works" (Incoterms) unless otherwise agreed.
STU is entitled to increase the price if cost factors (e.g., materials, energy, exchange rates, taxes) increase between the contract conclusion and delivery.
If a price increase occurs within two months of the agreement, the buyer may terminate the agreement.
4. Payment Terms
Advance Payment: An advance payment of 25% is required upon placing an order, due within 7 days.
Settlement: Unless otherwise agreed, remaining payments are due within 7 days of the invoice date.
Late Payment: Failure to pay on time results in immediate default without notice. STU charges default interest (10% per month or statutory rates plus percentages as specified) and collection costs.
Collection Costs: Extra-judicial costs are set at a minimum of 15% of the principal sum.
Ownership: STU retains ownership of all delivered products until the buyer has fulfilled all financial obligations.
5. Delivery and Inspection
Delivery times are indicative and not final deadlines.
The delivery period begins once STU receives the advance payment and necessary information.
The buyer is obligated to take up products when they are ready; failure to do so results in storage costs of 2% of the invoice value per week.
Acceptance of goods must be proven in writing (e.g., consignment note).
Buyers have the right to request photos/videos and must undergo education/training for using the product; failure to attend training implies acceptance of the product.
6. Warranty
Duration: STU provides a 12-month warranty on construction and material quality for new products.
Scope: Limited to repair or replacement free of charge at STU workshops; transport costs are borne by the buyer.
Exclusions: The warranty does not cover normal wear and tear, failure to follow instructions, or repairs made by third parties.
Notification: Defects must be reported in writing within 14 days of the warranty period expiring.
7. Liability
STU's liability is limited to cases of intent or gross negligence.
Liability is capped at the amount paid by insurance or, if uncovered, the invoice value of the goods.
STU is never liable for indirect damage, consequential loss, or loss of profits.
8. Restrictions (USA & Canada)
Buyers are prohibited from reselling or supplying STU merchandise to customers in the United States or Canada due to different road regulations.
Violating this clause results in a minimum penalty of EUR 50,000 per infraction.
9. Dispute Resolution and Governing Law
Jurisdiction: Disputes are resolved by the Konya Court in Türkiye, or the competent court of the buyer's location, at STU's discretion.
Law: Relationships are exclusively governed by Türkiye law; the Vienna Sales Convention is excluded.
Language: In case of differences regarding the text of these conditions, the Turkish text is exclusively binding. (Note: Another clause states the English version prevails in multi-language discrepancies, but the final stipulation prioritizes Turkish).