Notice For Replacement Of Defective Vehicle
Defective Goods
It means that a product, a good or a service received does not have the characteristics that it should have objectively. The fact that a service is not completed within the expected time is also an example of defective service. For example, the fact that a cell phone does not make a call shows that the cell phone is defective. If the goods are defective, the consumer can return from the contract by notifying that he/she is ready to return the goods. He/she may retain the goods and request a discount from the sales price in proportion to the deficiency. Provided that it is not excessive, it may request free repair of the goods at the expense of the seller. If possible, it may request the replacement of the goods with a defect-free equivalent. As can be seen, four optional rights are offered to the consumer in case the goods are defective. If the consumer requests any of these, the seller must meet this request. In addition to these, the consumer has the right to demand compensation. He will be able to claim this right in accordance with the general provisions of the Code of Obligations. The seller is obliged to pay compensation unless he proves that he is flawless. The consumer should check the goods as soon as possible and notify the seller as soon as possible after realizing that the goods are defective. The appropriate period varies according to the concrete case, if it does not notify within the appropriate period, it is deemed to have accepted the defect.
Defective Goods Notification Notice Sample
NOTARY
NOTICE
NOTIFIED BY :
ADDRESS :
REPRESENTATIVE
NOTIFIED
SUBJECT : It is about the replacement of defective goods.
EXPLANATIONS :
1-) The client, …/…/…. on …/…/…. belonging to you … … San… Tic. Ltd. Şti. and the sofa set was delivered to the client on …/…/…/… (ANNEX-1) Two days after the sofa set was purchased, on …/…/…/… two days after the sofa set was purchased, our client noticed a change in the color of the single seat and brought the seat to your company on the same day and reported the situation to you. (ANNEX-2)
2-) As stated in Article 8 of the Law No. 6502 on the Protection of Consumers; goods that are contrary to the quality or quantity affecting the quality or quality determined in the packaging, label, introduction and user manual or advertisements and announcements or notified by the seller or in the standard or technical regulation, or that contain material, legal or economic deficiencies that reduce or eliminate its value in terms of allocation or intended use or the benefits expected by the consumer from it, are considered defective goods.
3-) For this reason, our client has requested the replacement of the seat from the rights of returning from the contract including the return of the price, replacement of the goods with a defect-free equivalent or price reduction in proportion to the defect or free repair; however, no steps have been taken by you to solve the problem so far.
4-) Since we believe that you will fulfill your legal responsibilities, it has been deemed appropriate to warn you by communicating the situation for the last and one more time without taking legal action. We hereby notify you that the vehicle sold to our client must be replaced with a flawless duplicate within …. days from the notification of this notice to you, otherwise we will take legal action against you, court costs and attorney’s fees will be charged to you. …/ …/ …
ANNEXES
1-Delivery receipt
2-Color difference of the seat
3-One approved power of attorney sample
WARNING AGENT
……………..
DEAR NOTARY
We respectfully request that one copy of this notice, which consists of three copies, be kept in your office, one copy be served to the addressee through the officer, and a copy bearing the notice of service to the addressee be given to us as the attorney of the notifier……/…../….
ATTORNEY FOR THE NOTIFIER
……………….