Our General Terms of Sale
1. Retention of Title
Ownership of the delivered products remains with CHN Aluminium until the product price has been fully and completely collected by CHN Aluminium. Transfer of ownership occurs only when the price has been fully and actually collected by CHN.
2. Delivery and Shipment
All deliveries are made in accordance with the delivery method specified in the order confirmation. In sales made under Ex-Works (CHN factory delivery), CHN is not responsible for any damages, delays, or risks that may occur during transportation after loading. A delivery tolerance of ±10% and a delivery date tolerance of ±1 week are accepted (applicable to the terms stated above). Test certificates are sent to the buyer together with the pallets.
3. Order Confirmation and Cancellations
Order forms sent by the seller must be signed, stamped, and returned by the buyer within 2 days. Otherwise, the seller reserves the right to cancel the order without sending a prior written notice.
If the buyer cancels the order at least 6 weeks before delivery, the seller reserves the right to claim 30% of the total amount. If a metal fixing (LME Hedge) transaction has been carried out for the order, the seller also reserves the right to separately claim any losses arising from this fixing.
If the buyer has not requested metal fixing prior to shipment, the seller reserves the right to issue the invoice based on the LME closing value on the day of shipment.
4. Payment Terms
If invoices are not paid by their due date, the buyer shall automatically be in default: without the need for any prior written notice, the buyer shall be liable to pay a monthly default interest of 5% for TL invoices and 2% for EUR/USD/GBP invoices.
Foreign currency invoices must be paid in the relevant currency. For TL payments made against foreign currency invoices, the spot market rate notified by CHN shall be taken as basis.
5. Exchange Rate Differences and Accounting Rate
Exchange rate differences arising from TL payments made against foreign currency invoices are mutually calculated and invoiced by the end of the relevant quarter. The accounting rate for invoices is determined based on the CBRT FX Selling Rate (Central Bank Foreign Exchange Selling Rate).
6. Tax Obligations
If the VAT2 return payment has not been made by the buyer, the seller has the right to refuse new orders until the payment is completed.
7. Delivery Inspection
The buyer must check and inspect the materials before unloading them from the vehicle. If there are any scratches, dents, or collapses, or any defect or deficiency in the products, the buyer must immediately notify the seller in writing and document the situation with photographs or video. Otherwise, the seller cannot be held responsible for any damages that may arise from transportation.
8. Returns and Non-Conformity Notification
The customer must submit a non-conformity notification immediately from the date of delivery for open and visible defects/ deficiencies, and within 7 business days from the shipment date for defects or deficiencies that are not open and visible. Products for which non-conformities are not reported within these periods shall be deemed accepted.
For products or orders mistakenly confirmed by the customer, the right of cancellation or return may be exercised within 24 hours from the date of order confirmation. Processed materials shall not be taken back by the seller. The seller reserves the right to inspect the materials subject to complaint at the buyer's warehouse or production facility. If the complaint is accepted, the seller is only obliged to refund the amount stated on the invoice and to collect the material from the delivery address. The complaint amount may under no circumstances exceed the total invoice amount of the material.
9. Limitation of Liability
To the extent permitted by applicable law, and except in cases of intentional misconduct, gross negligence, or violation of public order, CHN Aluminium shall under no circumstances be held liable for the following: damages occurring to the customer's or third parties' goods, loss of use, production, business, or income, loss of profit, loss of time, or customer complaints, legal and financial expenses.
10. Disputes and Competent Court
Bursa Courts and Enforcement Offices are authorized to resolve all disputes that may arise between the parties. In the event of a dispute, the seller's commercial records and documents shall constitute conclusive evidence in accordance with the Code of Civil Procedure (HMK). Turkish law shall apply.
11. Customer Declaration
The buyer declares that they have read and understood these general terms of sale, that all provisions have been negotiated with them, that they explicitly accept the terms of sale, and that all commercial relations with the seller shall be carried out within the framework of these general terms of sale. This agreement is subject to the provisions of the Turkish Code of Obligations and the Turkish Commercial Code.
Ownership of the delivered products remains with CHN Aluminium until the product price has been fully and completely collected by CHN Aluminium. Transfer of ownership occurs only when the price has been fully and actually collected by CHN.
2. Delivery and Shipment
All deliveries are made in accordance with the delivery method specified in the order confirmation. In sales made under Ex-Works (CHN factory delivery), CHN is not responsible for any damages, delays, or risks that may occur during transportation after loading. A delivery tolerance of ±10% and a delivery date tolerance of ±1 week are accepted (applicable to the terms stated above). Test certificates are sent to the buyer together with the pallets.
3. Order Confirmation and Cancellations
Order forms sent by the seller must be signed, stamped, and returned by the buyer within 2 days. Otherwise, the seller reserves the right to cancel the order without sending a prior written notice.
If the buyer cancels the order at least 6 weeks before delivery, the seller reserves the right to claim 30% of the total amount. If a metal fixing (LME Hedge) transaction has been carried out for the order, the seller also reserves the right to separately claim any losses arising from this fixing.
If the buyer has not requested metal fixing prior to shipment, the seller reserves the right to issue the invoice based on the LME closing value on the day of shipment.
4. Payment Terms
If invoices are not paid by their due date, the buyer shall automatically be in default: without the need for any prior written notice, the buyer shall be liable to pay a monthly default interest of 5% for TL invoices and 2% for EUR/USD/GBP invoices.
Foreign currency invoices must be paid in the relevant currency. For TL payments made against foreign currency invoices, the spot market rate notified by CHN shall be taken as basis.
5. Exchange Rate Differences and Accounting Rate
Exchange rate differences arising from TL payments made against foreign currency invoices are mutually calculated and invoiced by the end of the relevant quarter. The accounting rate for invoices is determined based on the CBRT FX Selling Rate (Central Bank Foreign Exchange Selling Rate).
6. Tax Obligations
If the VAT2 return payment has not been made by the buyer, the seller has the right to refuse new orders until the payment is completed.
7. Delivery Inspection
The buyer must check and inspect the materials before unloading them from the vehicle. If there are any scratches, dents, or collapses, or any defect or deficiency in the products, the buyer must immediately notify the seller in writing and document the situation with photographs or video. Otherwise, the seller cannot be held responsible for any damages that may arise from transportation.
8. Returns and Non-Conformity Notification
The customer must submit a non-conformity notification immediately from the date of delivery for open and visible defects/ deficiencies, and within 7 business days from the shipment date for defects or deficiencies that are not open and visible. Products for which non-conformities are not reported within these periods shall be deemed accepted.
For products or orders mistakenly confirmed by the customer, the right of cancellation or return may be exercised within 24 hours from the date of order confirmation. Processed materials shall not be taken back by the seller. The seller reserves the right to inspect the materials subject to complaint at the buyer's warehouse or production facility. If the complaint is accepted, the seller is only obliged to refund the amount stated on the invoice and to collect the material from the delivery address. The complaint amount may under no circumstances exceed the total invoice amount of the material.
9. Limitation of Liability
To the extent permitted by applicable law, and except in cases of intentional misconduct, gross negligence, or violation of public order, CHN Aluminium shall under no circumstances be held liable for the following: damages occurring to the customer's or third parties' goods, loss of use, production, business, or income, loss of profit, loss of time, or customer complaints, legal and financial expenses.
10. Disputes and Competent Court
Bursa Courts and Enforcement Offices are authorized to resolve all disputes that may arise between the parties. In the event of a dispute, the seller's commercial records and documents shall constitute conclusive evidence in accordance with the Code of Civil Procedure (HMK). Turkish law shall apply.
11. Customer Declaration
The buyer declares that they have read and understood these general terms of sale, that all provisions have been negotiated with them, that they explicitly accept the terms of sale, and that all commercial relations with the seller shall be carried out within the framework of these general terms of sale. This agreement is subject to the provisions of the Turkish Code of Obligations and the Turkish Commercial Code.
