In order to protect your rights, time must be taken into consideration in commercial transactions and commercial books must be kept complete. In addition, since each transaction is unique, legal opinion should be taken before each transaction.
While sending the offer; If it is sent in a virtual environment, it must be signed with a secure electronic signature. If it is sent by mail, it must be signed on the stamp by the authorized representative of the company. The delivery date, the validity date of the offer and the place of delivery are important; These issues should be clearly stated in offers and contracts.
While getting an offer; If the offer received does not have a validity period and the offer will not be accepted, the rejection (rejection) of the offer must be immediately notified in writing. If the offer has a validity period, acceptance or rejection must be notified in writing before the end of this period. If the proposal is to be accepted, the characteristics of the goods or services must be specified in detail.
The contract and offers must be signed by the authorized representative (s) of the company on the stamp of the company. must be stamped. In the signature circular, the person authorized to represent the company can only sign the contract. A wet signature must be put on the stamp. If there is a signature circular, it is recommended to attach power of attorney to contracts and offers. We recommend that a signature circular or power of attorney be requested from the other party while receiving the proposal and signing the contract. If the contract or proposal will be sent in a virtual environment, it must be signed with a secure electronic signature.
Contracts should be signed by you, if possible, by the counterparty officer. If it is not possible, an employee should bring the contract to the other party and sign it with the employee, and a copy of the contract must be taken and kept. The contract price must be specified as a final term. These are general information and we recommend obtaining a legal opinion from our law firm before signing the contract.
The following points should be clearly written in the contracts:
-Delivery and mode of transport
-Delivery, transportation, insurance, customs clearance, tax, fee etc. to whom will be the expenses
-Date the contract price will be paid
Payment method of the contract price
What to do if the contract requirement is not fulfilled
We recommend an invoice within 7 days after the goods or services are delivered by you. The invoice should be written in detail about what it was issued for, the offer / contract information and the type of work performed or the goods sold. For example: Delivery of services / goods in accordance with …. dated contract / offer. The 7th day from the invoice date is the final maturity date. When the payments are not made on the final maturity date, it has been defaulted without any notice; If no objection is made within 7 days, the invoice will be finalized ”. The payment day on the invoice must coincide with the payment day specified in the contract / offer. When the invoice is issued, it must be recorded as receivable in the commercial books. The invoice must be delivered to the other party in person and the receipt must be written and signed on the invoice. If the invoice is not delivered in person, it must be sent by registered letter with return receipt or a notice from the notary public. Invoices can also be sent as e-invoices.
If the goods have been received by you, errors, damage, defects, etc. If there is, the invoice should not be received. Nevertheless, if the invoice is received or if an invoice has been sent to you against your request, a notice must be sent from the notary public indicating that the invoice has been objected, and the invoice must not be recorded in the commercial books.
If the goods will be delivered by you; During the delivery, a delivery-receipt report, that is, a delivery document, must be prepared; must be signed. The delivery date in the delivery receipt must be the delivery date specified in the contract. In the minutes, it should definitely be written that the goods were delivered in full, intact and in accordance with the offer / contract.
If the goods are to be received by you, all of the goods must be checked at the time of delivery. If there is a defect that may appear externally, a notice of defect must be sent from the notary public within 2 days at the latest. The goods should be thoroughly inspected also within 8 days after receipt. If there is a defect, a notice of defect must be sent from the notary public within 8 days at the latest. If the defect of the goods is hidden and learned while using; As soon as it is noticed, a notice of defect must be sent from the notary public immediately. It is absolutely necessary to pay attention to the time periods for inspecting these goods and reporting them from the notary. Because, according to our law, if the goods are not examined and a notice of defect is not sent on time; Defective, faulty, defective and other goods cannot be returned and their costs will have to be paid.
Checks and notes should never be sent by cargo. Because no rights can be claimed when lost in cargo. When receiving checks and bills, it should be taken into account that the turnover sequence is complete and complete, and in case of doubt, legal opinion should be taken.
The collectibility of checks is stronger than bills. Because, in our law, prison sentences are arranged again for bounced checks. If a check is received from a company, it should be noted that the check is a “merchant check”. It should be made sure that the signer is the authorized representative of the company, and a power of attorney and signature circular should be requested indicating that the signer is the authorized representative of the company.
Although the law stipulates different periods according to the place, we recommend that the checks be presented to the bank as soon as possible and the bills are protested.
When issuing the deed, only the stamp should be signed. Absolutely, double signatures should not be signed, and no sign should be signed except for a stamp. If the deed is a collateral, it should definitely be written on the deed that it has a guarantee and a guarantee note. On the back and front of the bill, it is absolutely necessary to say, “This is the bond and the bond; non-negotiable ”should be written. Signed blank deed should not be given.
Lawyer Senem YILMAZEL, the founder and manager of our office, is specialized in Commercial Law; He carried out his scientific studies in this field at Gazi University, Department of Commercial Law, and completed his master’s degree. Lawyer Senem YILMAZEL has done scientific studies on valuable documents; He has written a book on the subject of check.
The specified information is the basic information that must be paid attention to in every transaction; Depending on the nature of the concrete event, we recommend that you seek opinion from our law firm before every transaction.
Lawyer Senem YILMAZEL