Request For Replacement Of Defective Goods (Commercial Business)
Article 23 of the Turkish Commercial Code (TCC) stipulates that the defect must be notified to the seller within 2 days for defects that are obvious at the time of delivery. An example of an obvious defect is the presence of visible fractures or cracks in the goods. The important point in this possibility is that the defect in the goods can be detected by the buyer without the need for a detailed and special examination. In the continuation of the regulation, it is regulated that even if there is no obvious defect in the goods, the merchant who sells and receives the goods is obliged to inspect or have the goods inspected within 8 days. The eight-day period starts from the date of sale and receipt of the goods by the buyer.
… COMMERCIAL COURT JUDGE
PLAINTIFF:
ATTORNEY :
DEFENDANT
ADDRESS :
SUBJECT : It consists of our request to replace the defective vehicle with a new one, and if this is not possible
, to add the security system promised in the vehicle.
EXPLANATIONS
1-) With the invoice dated …/…/…/… dated …/…/… (ANNEX 1), our client purchased from the defendant company …. to use for commercial purposes Model …… branded machine ….. (Annex 2)
2-) Although the purchased machine was sold to our client with ….. feature, it has been determined that the machine delivered on …/…/…/… date does not have the said feature during the control made at …. service with the document (Annex 3) attached to the petition. Our client had to make an additional payment to the sales price of the machine for the feature in question, and the machine, which does not carry the features stated to be available at the time of sale, is defective in this state.
3-) …/…/… dated …/…/… drawn to the defendant party and ….. …. Notary …. (Annex 4), the defective machine is requested to be replaced with a new one of the same model and brand, and if this request is not accepted, to add the security system promised at the time of sale to the machine, but the defendant has not responded to our request.
4-) Since we have not received a positive response despite our request to the defendant, it has become necessary to file this lawsuit.
LEGAL GROUNDS : 6098 S. Code Art. 219, 227, 228, 231; 6102 S. Code Art. 23;
6100 S. Code Art. 2, 6
LEGAL EVIDENCE : …/…/… dated invoice, …/…/… dated sales contract and payment documents, …/…/… dated warning notice, …/…/… dated document received from the service.
CONCLUSION AND REQUEST
For the reasons we have explained above, we respectfully request on behalf of our client to take back the defective goods sold and replace it with the same model machine with …. security system, and if this is not possible, to add …. to the machine subject to the lawsuit, and to decide to charge the trial expenses and attorney’s fees to the other party. …/…/…
ATTACHMENTS 1-) …/…/…/… dated invoice
2-) …/…/…/… dated sales contract and payment documents
3-) …/…/…/… dated notice
4-) …/…/…/… dated document received from the service
5-) One approved power of attorney sample
DEFENDANT’S ATTORNEY