General Terms and Conditions of Sale and Warranty
1. Scope and Application These General Terms and Conditions of Sale and Warranty ("Terms") apply to all quotations, orders, and sales agreements between Echo Mobility ("Seller", "we", or "us") and the Buyer ("Customer" or "you"). By placing an order with us, the Customer agrees to these Terms. Any deviations must be agreed upon in writing by an authorized representative of Echo Mobility.
2. Product Specifications and Documents 2.1. Products are supplied in accordance with the manufacturer’s standard specifications (e.g., Habia Cable / HEW-KABEL specifications for PTFE wires) unless specific modifications are agreed upon in writing. 2.2. Standard manufacturer documents, such as ISO 9001 certificates, are available upon request. Specific certificates bound to a production lot, such as a Certificate of Conformance (CoC), must be explicitly requested by the Customer at the time of order placement.
3. Delivery and Transfer of Risk 3.1. Unless otherwise stated in the Proforma Invoice, all deliveries are strictly EXW (Ex Works) - Istanbul, Türkiye in accordance with Incoterms® 2020. 3.2. The risk of loss, damage, or destruction of the goods transfers to the Customer the moment the goods are made available for pickup at our Istanbul facility. The Customer is solely responsible for arranging freight, insurance, and export/import customs clearance. 3.3. Echo Mobility shall not be liable for delivery delays caused by the manufacturer, logistics providers, customs, or Force Majeure events.
4. Warranty and Guarantee Restrictions (Seller Protection Clause) 4.1. Pass-Through Warranty: Echo Mobility acts as a supplier. We provide a "pass-through" warranty, meaning the goods are warranted only to the extent of the original manufacturer’s express warranty. 4.2. We warrant that the goods will conform to the specific part numbers and descriptions detailed in the accepted Proforma Invoice at the time of Ex Works handover. 4.3. Exclusions: This warranty does not cover:
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Damage occurring during transit, loading, or unloading after the EXW handover.
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Defects caused by improper storage, handling, or installation by the Customer.
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Goods that have been altered or cut by the Customer after delivery. 4.4. Disclaimer of Implied Warranties: EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, ECHO MOBILITY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
5. Inspection and Claims 5.1. The Customer must inspect the goods immediately upon receipt. 5.2. Claims regarding visible defects, shortages, or incorrect items must be reported to Echo Mobility in writing within seven (7) calendar days of receiving the goods. 5.3. Claims for hidden defects must be reported within seven (7) days of discovery, but no later than six (6) months from the date of the EXW handover.
6. Limitation of Liability In no event shall Echo Mobility be liable for any indirect, incidental, special, or consequential damages, including loss of profits or line-down costs. Our maximum liability shall not exceed the total purchase price paid for the specific goods giving rise to the claim.
7. Governing Law These Terms shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to its conflict of law principles.