COMMERCIAL LAW

FAQ's

The contract must be mutually signed between the authorities or signed by electronic signature and sent in a virtual environment or signed by the authorized representative on the company stamp and sent by mail. An e-signed or stamped-signed copy must be requested from the other party. It should be noted that the signer is the authorized representative of the company, and a signature circular should be requested. If possible, the contract should be signed by your counterparty officer, if not possible, one of your employees should take the contract to the other party and signed with your employee. This information is general information. Before signing the contract, we recommend that you contact our law firm regarding the issues that need attention.

The following issues must be decided in the contract content:

-Delivery date

-Delivery location

-Delivery and mode of transport

-Delivery, transportation, insurance, customs clearance, tax, fee etc. to whom will be the expenses

Contract price

-Date the contract price will be paid

Payment method of the contract price

-The actions to be taken in case of failure to fulfill the contract requirement should be specified.

If the proposal will be sent in a virtual environment (mail, etc.), it must be signed with an electronic signature. If sent by post, it must be signed and stamped by the company's authorized representative. The validity period must be specified in the offer. Since the detailed issues will be determined according to your position in the contract; We recommend that you contact us for detailed information.

If the offer does not have a validity period, if the offer will not be accepted, the rejection of the offer should be notified in writing immediately. If the offer has a validity period, acceptance or rejection must be notified in writing before the end of this period. If the offer is accepted, the features of the goods / services must be specified in detail.

- An invoice must be issued within 7 days after delivering the product.

- The type of work done or the goods sold should be written in detail on the invoice.

- The statement should be written on the invoice that "if no objection is made within 7 days, the invoice will be finalized".

- When the invoice is issued, it must be recorded 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 you think there is an error in the invoice or you have never received the product / service on the invoice;

Do not receive the invoice.

If you have received it, send a notice from the notary public that you do not accept the invoice within 7 days at the latest.

Do not record the invoice in your books.

If the merchant who receives the notification of an invoice does not accept its content, it must object to the invoice from the notary public within 7 days from the date of notification. If the party receiving the invoice has objected to the content of the invoice, the merchant that issued the invoice must prove that the content of the invoice is in accordance with the previously made contract.

The invoice alone is not a document showing the existence of the receivable. For this reason, the important criteria are whether the invoice is issued open or closed, whether the invoice is notified to the relevant person, whether the invoice is objected or not, whether the invoices are recorded in the commercial books of the parties. These criteria should be examined by lawyers who are experts in their fields in our office.

When delivering goods, a delivery document must be issued. The delivery date in the delivery receipt must be the delivery date specified in the contract. In the minutes, it should be written that the goods were delivered in full, intact and in accordance with the contract.

When the goods are received, all of them must be examined, and if there is a defect, the fault must be notified immediately from the notary public. The goods must be thoroughly inspected within 8 days after receipt of the goods. If there is a defect, the fault must be reported from the notary public within these 8 days.

If the defect of the goods is hidden and learned while using; As soon as it is noticed, the fault must be reported from the notary public immediately.

- If the check is not paid, it is stronger than the bonds, as there is a prison / judicial fine.

- If you are getting a check from a company, be sure to pay attention that the check is a "merchant check".

Make sure that the signer of the check is an authorized representative of the company.

- Do not give blank checks / promissory.

- Great attention should be paid to the turnover range in both checks and bills.

- If there is no check provision, a free transaction must be made on time.

- When issuing bills, just sign on the stamp. Do not double sign. Do not sign anything other than the stamp.

- If the deed is a collateral, you must write down what is a collateral and a collateral deed. On the back and front of the bill, it is absolutely necessary to say, “This is the bond and the bond; Type in "non-negotiable".

- Do not give signed blank bills.

- WE RECOMMEND YOU FILL IN THE FOLLOWING 9 PLACES WHEN YOU RECEIVE A PROMISSORY.

Check / promissory note is a means of payment. For this reason, check / promissory note should not be sent as we do not send money by cargo. If these documents are sent through the courier company and are lost, loss of rights may occur.

It was submitted to the bank during the check period; If the bank has not been able to pay the check due to insufficient provision in the account, a bounced check is a matter of course. When the check is stamped without return, a lawsuit must be filed immediately to punish the drafter.

The transferee of a business becomes liable for debts to creditors, starting from the date it announces it by posting. The transferor remains liable as a debtor with the transferee for two years.

Defect means that the current qualifications of the seller are different from the qualifications that he / she should have. The merchant who claims defective goods must immediately notify the seller of this defect from the notary public. The content of the notice text varies according to the concrete event; Legal support is provided in our law firm regarding reporting.

In accordance with the law, in order to claim interest, the creditor must send a notice to the debtor through a notary public. However, there are exceptions that do not require a warning. We recommend that you contact us, as the actions to be taken vary according to the nature of the concrete event.

In order for commercial books to be accepted as evidence in commercial lawsuits, they must be kept in full and duly, approved and the book records must have confirmed each other.

“In order to protect your rights, you can contact our law firm for detailed information on the subject. Lawyer Senem YILMAZEL "