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1. Acceptance of Orders – All orders are subject to a written price audit by an authorized employee of our company unless a fixed price has been agreed upon for a specific period. The Moda Turk invoice contains only what you have to pay to Moda Turk and does not include any other costs that are paid to other parties such as customs.
2. Replacement – The company reserves the right to replace the product with another product of the same type, quality and function without prior notice. Therefore, if the buyer does not wish to receive an alternative product, they should state that they do not wish to do so when inquiring about the price. If the process requires an advance price inquiry. or specify this when placing an order on our website.
3. Transportation – Our company will determine the method and company of delivery at its discretion unless otherwise agreed. In either case, the Company will not be liable for any delays or excessive shipping costs that may arise as a result of this selection.
4. Return of Goods – You cannot return goods and you cannot cancel orders after they have been accepted by our company unless there is written approval by our company to do so. Modified parts and special orders are not allowed to be returned unless they are proven to have had an issue before they were sent to the buyer. The customer is responsible for the shipping cost of the returned merchandise and must pay the cost of returning the merchandise to the warehouse up to the greater of $100 or 20% of the order value. Which one is more.
5. Force Majeure/Uncontrollable Circumstances – Our Company is not liable for any default or failure to perform its duties resulting directly or indirectly from uncontrollable force majeure circumstances such as: Buyer’s actions. and military or civilian authorities, including wage and price controls, fires, and wars. riots and rebellions. and shipping delays. The inability to provide the raw materials needed to complete the work such as: Energy sources. or basic ingredients. or labor. fuel, supplies, or any other circumstances beyond the Company’s control, whether or not in accordance with the foregoing. If some quantities are affected and others remain unaffected, the company will exclude the affected quantities without liability. However, the agreement remains intact. At any time when the Company is exposed to a shortage of supplies for any of the previously mentioned reasons, the Company has the right to distribute its resources and raw materials among its group of beneficiaries in any manner that the Company deems fair and reasonable. The Company shall not be liable for special or consequential damages resulting from delays in the event of any of the aforementioned circumstances.
6. Liability – Once ModaLua has accepted an order, ModaLua is not obligated or liable for any damages or injuries resulting from the use of the product alone or in combination with other products. The company will not be responsible for any errors in weight or quantity delivered unless the buyer contacts us within 55 days from the date of arrival of the shipment and attaches the original shipping invoice signed by the shipping company with a note indicating that the shipping company received the goods from our company in this condition. If the buyer contacts our company and it turns out that our company is responsible for the error, our company will either ship the missing quantity of the order or compensate the buyer with the value of the missing goods as it deems appropriate.
7. Warranty – We warrant to the buyer that all our products are free from defects in material and workmanship and are manufactured to the required industry standards. Therefore, the guarantee cannot be waived here. It also replaces and excludes all other warranties not stated herein, including warranties stated and implied by operation of law or any other warranties such as any warranties of product capability or efficiency. No agent, employee or representative of the Company has any authority to bind our Company to any representation, warranty or guarantee of the goods. None of these representations, warranties and assurances shall be deemed to be part of this Agreement and are therefore void. In case of any defect in materials or workmanship, the buyer must contact us in writing within 5 days of receiving the goods. If the buyer does not contact the company within 5 days, the company disclaims liability for such defects. The company is not liable for any loss or damage resulting from misuse of the product based on the aforementioned warranty. The Company assumes no responsibility or warranties with respect to product designs. The above warranty is in lieu of and to the exclusion of all other warranties, whether express, implied or statutory, such as implied warranties of merchantability or fitness.
8. Indemnification and Limitation of Liability – Moda Turk shall not be liable for any consequential or incidental loss, damage, or expenses resulting directly or indirectly from the sale or use of the product, handling, or any cause related thereto. No matter what allegations are made against our company. including claims of breach of warranty or negligence. will only be responsible for replacing products that do not comply with this Agreement. or refund the value of these goods and return them to the buyer’s account. or coordinate with them to repair the parts at the company’s discretion. If Moda Lulua requests the return of goods to Moda Lulua, the return shipment will be delivered to Moda Lulua in accordance with Moda Lulua’s return instructions. Accordingly, the indemnities mentioned in this paragraph are the Buyer’s sole remedy against Moda Lulua if it breaches any of its obligations, whether warranty or any other type of breach. As long as our company does what it can to correct any breach of the law that may have occurred. It makes sure that the compensation it provides as mentioned in this clause is satisfactory.
