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).