The Company «Rivulis Sulama Sistemleri Sanayi ve Ticaret Anonim Şirketi»

7. THE TERMS OF SUPPLY
7.1 The Seller shall deliver the Goods to the Buyer not later than the dates specified in the Attachment #1. The partial shipment is permitted by agreement with Parties request.
Delivery terms:
CIP – _______, Uzbekistan (Incoterms- 2020)
Consignee: OOO «_______»
7.2 Shipment Notification
Before shipment of the System, the Seller must send to the Buyer all copies of shipment documents, listed in para. 5.1 via e-mail or fax within 5 (five) working day after shipment.
The Seller shall ship the System for delivery only after employee of the customs department of the Buyer provides confirmation of the correct filing of documents listed in para. 5.2.

7.3 The Shipment and Marking

The shipment in lots is permitted. The Systems should be marked in accordance with the relevant instructions and standards of the Buyer, including the followings:

• 
  Manufacturer
  
• 
  and Country of origin.
  

7.4 If any Systems shipment or Services provision as indicated in the relevant requests of the Buyer is delayed for any reason, linked to the default of the Seller, the Buyer has the right to demand premium shipment without any additional cost.

7.5 By agreement of the Parties or by a jurisdiction determined the replacement of the Systems of improper quality, that non-conformance with specifications (together referred as “Defective Systems”) or incorrectly shipped Products will be executed in accordance with the following conditions:

• 
  The Defective Systems will be returned to the Seller by the Buyer on the Ex Works conditions, the Buyer Premises (INCOTERMS 2020).
  

8. THE RESPONSIBILITIES AND GUARANTEES
8.1 The Seller must respond to a claim concerning the Contract, if any, in writing and not later than 5 (five) working days from the day of receiving a claim notice.

8.2 The Seller guarantees that each batch of supplied Systems is new, made of material of high quality and properly manufactured; the Systems are not defective and correspond to the purposes of use indicated in the Contract. The quality of all the Systems should correspond to the conditions and provisions indicated in the Contract as provided in the Attachment No.1.

8.3 If the Buyer reasonably requires additional support or information from the Seller in addition to the provided amount then the Seller must provide the proper support within the process of Systems certification and other processes of obtaining approvals in the territory of the Republic of Uzbekistan which may be required, including but not limited to, providing of necessary documents.

8.4. For any late delivery of all or part of Systems, the Buyer has the right to require the Seller to pay a fine of 0.1% (zero-point one zero percent) of price of the relevant part for each week, for each case of delay, except when sending delayed through the fault of the Buyer. The total amount of the fine does not exceed 10 % of the total value of outstanding obligations. Buyer may withhold the amount of the penalty payment to be payable by the Buyer to the Seller for the supplied Systems. The Seller’s responsibility for the delay will be limited to the relevant penalty for the delay and the Buyer will not have the right to another claim for the delay.

8.5. Seller hereby guarantees that all parts and units of System delivered to the Buyer by virtue of this Agreement comply with the standard specifications and quality requirements of Turkey’s National Standards.

Seller warrants that the System is free from defects in materials and workmanship under normal use and service for a term of 12 months from end of installation period (the “Warranty Period”).
8.6. During the Warranty Period Seller shall be obliged to replace or repair all parts of the Complete System which show defects for any reason whatsoever free of charge except the reasons indicated in point 8.6.
Seller firm undertakes to replace all defective parts within 40 days after the receipt of a written request of the Buyer.

8.7. «The Seller» guarantees that:

a) The goods are new, which were never used and corresponds to the standards of the factory – producer for this type of goods; Year of production - 2022. b) The Goods is in line with the standards accepted in the country of Seller for such equipment at the implementation time of this contract.
c) High quality materials will be used and technical tests will be implemented at the time of Goods production.
8.8 Guarantee terms for manufacturing and workmanship defects for mechanical parts of the goods makes 12 (twelve) months from the dates of Goods commissioning but no later than 24 months after ready for delivery notice.
8.9. If defects will be found during the Guarantee terms duration or the Goods will not correspond to the conditions of the contract, Seller will change defected part of the goods at his own expenses.