This document contains the principles and obligations for the work conducted between ANTALYA VELTIA PRIVATE FOOD CONTROL LABORATORY and its customers.
(a) Unless otherwise agreed in writing or
(i) Regulations governing services performed on behalf of states, state organs, or other public institutions, or
(ii) Provided they do not conflict with mandatory local legal provisions, the services provided by ANTALYA VELTIA PRIVATE FOOD CONTROL LABORATORY to the customer (based on the 'Contractual Relationships') will be carried out within the scope of these general service conditions (hereinafter 'General Conditions') for all offers and all finalized contracts or other arrangements.
(b) The services may be provided to individuals or institutions (private, public, state) giving company instructions (hereinafter referred to as the 'Customer').
(c) Unless the Company has received instructions from the Customer that differ in writing, no person, whether private or otherwise, has the right to give instructions regarding the scope of the services or the delivery of reports and documents ('Findings Reports') arising from the services. The Customer hereby authorizes the Company, in an unchangeable, irrevocable, and irrefutable manner, to deliver Findings Reports to a third party for whom the Customer has given such instructions or whose discretion is at its discretion.
(a) The Company will perform the services with reasonable care and skill in accordance with the specific instructions approved by the Company or, in the absence of such instructions, in accordance with the following criteria.
(1) Any standard order form instructions or the Company's standard specification document and/or
(2) Relevant commercial usage, practice, and/or
(3) Such methods as the Company deems appropriate for technical, operational, and/or financial reasons.
(b) The information stated in the Findings Reports, as a result of supervision and test procedures carried out in accordance with the specific instructions of the Customer, is based on the interpretation of criteria that we consider appropriate in accordance with technical standards, commercial customs, or our professional opinion.
(c) In addition to testing the samples, published Findings Reports only reflect the Company's opinion on these samples and do not express any opinion on the batch of goods from which the samples were taken.
(d) If the Customer requests the Company to witness the intervention of a third party, the Customer agrees that the sole responsibility of the Company is to be present during the intervention of the third party and to transmit the results of the intervention or to confirm that the intervention took place. The Customer acknowledges that the Company is not responsible for the settings or condition of devices, instruments, and measuring devices, the qualifications, actions, or omissions of the third party's personnel, and the results of the analysis.
(e) The Findings Reports published by the Company will only reflect the facts recorded by the Customer during the intervention and within the limits of alternative parameters applied as stipulated in clause 2 (a) hereof, or in the absence of such instructions, within the limits of alternative parameters applied as stipulated in clause 2 (a) hereof. The Company is not obliged to refer to or report any fact or situation outside of the instructions received or alternative parameters applied in the manner stipulated in clause 2 (a).
(f) If the Company is provided with documents reflecting commitments entered into between third parties, such as sales contracts, letters of credit, copies of bills of lading, etc., these will only be considered for information. They will not expand or limit the scope of the services or obligations accepted by the Company.
(g) The Customer acknowledges that the Company, by providing the services, does not replace the Customer or any third party, does not exempt them from fulfilling any of their obligations, does not assume that they are not exempt from fulfilling any of their obligations, does not limit, cancel, or undertake any of their duties by exercising their authority, does not cancel or undertake any of their duties by exercising their authority, and does not undertake to fulfill any of their duties by exercising their authority.
(h) All samples will be kept as a witness sample for a maximum of 6 months, and then, at the discretion of the Customer, will either be returned to the Customer or disposed of; after this period, all responsibility of the Company for such samples will cease. If the Customer requests the return of the remaining sample at the acceptance stage of special request samples, it is recorded on the F06-P704 Laboratory Sample Return Form after the report is written and returned to the Customer."
Customer
(a) Necessary information, instructions, and documents will be provided by the Customer after being obtained from the customer for the analysis to begin.
(b) The Customer will provide all necessary access permits to the representatives of the Company to the facilities where the service will be provided and take all necessary precautions to eliminate or compensate for any obstacles during the performance of the services.
(c) If necessary, the customer will provide all special equipment and personnel required to perform the services.
(d) The Customer will take all necessary measures for the safety of working conditions, locations, and facilities during the performance of the services and will not rely on the Company's advice in this regard, whether or not such advice is needed.
(e) The Company will be informed in advance by the Customer of all actual or potential samples, including but not limited to radiation, toxic, harmful to health, explosive elements or materials, environmental pollution, poisons, or any risk associated with the test order.
(f) The Customer will enforce all rights and fulfill all obligations in all legal sales and/or other contracts concluded with a third party and will fully fulfill its obligations.
(a) Unless otherwise determined between the Company and the Customer at the time the order is placed and/or the contract is negotiated, fees (subject to change) will be based on the Company's standard fees, and all applicable taxes will be paid by the Customer.
(b) Unless a shorter period is determined on the invoice for all fees to be paid to the Company, the Customer will pay immediately or within 30 days from the relevant invoice date or within such other period determined by the Company on the invoice (''Payment Date''). In the event of non-payment, interest at the rate of 1.5% per month (or at such other rate as specified on the invoice) will accrue from the Payment Date until the date of actual payment, including that date.
(c) The Customer is not entitled to withhold or defer the payment of any amount due to the Company in response to any dispute, counterclaim, or set-off it alleges against the Company.
(d) The Company may initiate legal proceedings in any court with jurisdiction for the collection of unpaid fees.
(e) The Customer will pay all collection costs of the Company, including attorney's fees and related expenses.
(f) If unforeseen problems or expenses arise during the performance of services, the Company will make reasonable efforts to inform the Customer and has the right to invoice additional fees to cover additional time and expenses incurred during the completion of the services.
(g) The Company shall be entitled to the following payments in the event of the Customer's failure to fulfill its obligations stipulated in the above three points, including the Customer's failure to fulfill any of its obligations, including the Company's failure to fulfill its obligations beyond its control, whether required or not. this includes the following:
(1) The amount of all non-refundable expenses incurred by the Company, and
(2) The agreed portion of the fee, which is proportionate to the services actually performed.
The Company shall have the right to suspend or terminate its services immediately and without any obligation in the following cases:
(a) If the Customer does not rectify any of its obligations hereunder and such negligence is not remedied within 10 days from the date of notification to the Customer, or
(b) Suspension of payment, the Customer entering into an arrangement with creditors, bankruptcy, insolvency, appointment of a trustee, or cessation of business.
(a) Limitation of Liability
(1) The Company is not an insurer or guarantor and accepts no liability as such. Customers seeking guarantees for damage and loss should obtain appropriate insurance services.
(2) Findings Reports are issued for the benefit of the Customer, based on information, documents, and/or samples provided by or on behalf of the Customer, and the Company or its officers, employees shall not be liable to the Customer or any third party for any uncertain, erroneous, incomplete, misleading, or incorrect information arising from or in connection with such Findings Reports, and shall be solely responsible for acting on the basis of such Findings Reports.
(3) The Company shall not be liable for any delay or failure to perform services arising directly or indirectly from any event beyond its control, including the Customer's failure to comply with any of its obligations hereunder.
(4) The Company's liability for any damages, losses, or claims arising from any type and/or any reason shall not exceed ten times the amount of the fee paid for the service.
(5) The Company shall not be liable for any direct or indirect material or moral damages, including but not limited to loss of profit, claims, business loss, reputation loss, and expenses related to the recall of goods. Additionally, the Company shall not be liable for damages, losses, and expenses arising from third-party claims that the Customer may incur (including but not limited to product liability claims).
(6) In the event of any claim, the Customer must notify the Company in writing within 30 days from the date of discovery of the facts put forward to justify the claim. In any case, the Company will be released from all obligations related to any damages, losses, and expenses one year after the following dates:
(i) The date of performance of the service that gave rise to the claim, or
(ii) In the case of a claim of non-performance, the date on which the service would have been completed.
(b) Indemnification, The Customer guarantees and indemnifies the Company, its officers, and employees against all court costs and related expenses, regardless of the nature of any claims for damages, losses, and expenses arising from or in connection with any actual or alleged performance, non-performance, or improper performance of any service in any manner and in any way.
(a) If any provision or provisions of these General Terms is or becomes in any respect illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired in any way.
(b) During the provision of services and for a period of one year thereafter, the Customer will not directly and/or indirectly encourage or offer to induce the Company's employees to leave their jobs at the Company.
(c) The use of the company name or registered trademark of the Company for advertising purposes is not allowed without the prior written consent of the Company.
Unless otherwise specified, all disputes arising from the provision of services hereunder will be resolved in accordance with the Turkish Commercial Code, excluding all conflict of laws rules and all disputes will be finally settled by one or more arbitrators appointed in accordance with the Antalya Chamber of Commerce Arbitration Rules, in accordance with those rules. If not agreed otherwise, the place of arbitration shall be the Courts of Antalya.
VELTIA ANTALYA PRIVATE FOOD CONTROL LABORATORY aims to continuously improve the quality of service and customer satisfaction by applying the latest technology in all its services in accordance with national and international standards, and adhering to the principles of confidentiality, impartiality, and integrity.
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