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Obligations of the Seller and the Buyer

Tuesday, 24/12/2024

Obligations of the Seller:

Obligation to Ensure Ownership of Goods

The seller is obligated to ensure:
(i) The buyer’s ownership of the goods sold is not disputed by any third party.
(ii) The goods are lawful.
(iii) The transfer of goods is carried out legally.


Obligation to Ensure Intellectual Property Rights of Goods

The seller must ensure that the goods under the contract do not violate intellectual property rights. The seller will be responsible in cases of disputes related to intellectual property rights of the sold goods, except when the goods are produced, manufactured, or processed according to formulas, drawings, or technical specifications provided by the buyer. In such cases, the buyer will be responsible for any claims or disputes regarding the goods.


Obligation to Deliver Goods as per the Contract and Provide Related Documents

The seller is responsible for delivering goods in accordance with the terms of the contract, including delivering the correct type, quantity, quality, specifications, and other agreed-upon conditions.

Along with the goods, the seller must also provide relevant documents, such as waybills, information about the goods, packaging and preservation instructions, usage guidelines, etc. This obligation is mandatory even in cases where there is no explicit agreement between the parties.

If the delivered goods do not meet the agreed-upon conditions, the buyer has the right to reject the goods and request compensation if actual damages occur.


Obligation to Deliver Goods at the Agreed Time and Location

The seller must comply with the agreed time and location for delivery. If goods are delivered before the agreed time, the seller must notify the buyer, and the buyer has the right to reject the goods unless otherwise agreed upon.


Obligation to Transfer Ownership of Goods

The timing of ownership transfer is determined as follows: unless otherwise stipulated by law or agreed by the parties, ownership is transferred from the seller to the buyer at the time the goods are delivered.


Responsibility for Non-Conforming Goods

Non-conforming goods are those that:
(i) Are not suitable for the usual purposes of goods of the same type.
(ii) Do not meet any specific purpose that the buyer informed the seller about or that the seller knew at the time of the contract.
(iii) Do not maintain the quality of sample goods provided or agreed upon.
(iv) Are not stored or packaged in the usual manner or an appropriate manner for that type of goods.


Obligation to Provide Warranty for Goods

This obligation is stipulated in the 2015 Civil Code, the 2005 Commercial Law, the Law on Consumer Protection, and other relevant legal documents. All products purchased from icspart.net are covered by warranty policies specific to each item.


Obligation to Notify

Under the 2015 Civil Code and the 2005 Commercial Law, the seller has an obligation to notify the buyer of any intellectual property claims related to goods manufactured based on the buyer’s specifications. The seller must also notify the buyer in case of force majeure events affecting contract performance.

The parties should agree on notification processes for force majeure events and the corrective actions to minimize losses for both parties.


Obligations of the Buyer:

Obligation to Make Payment

The buyer must pay for the goods and accept delivery as agreed.

The buyer must comply with the payment methods, procedures, and legal regulations agreed upon by both parties.

The buyer is still obligated to pay for goods even if they are lost or damaged after the risk has been transferred from the seller to the buyer, unless the loss or damage is caused by the seller.


Obligation to Accept Goods

Corresponding to the seller’s obligation to deliver goods, the buyer has an obligation to accept the goods and make reasonable efforts to facilitate timely delivery by the seller as per the agreed time and location or as stipulated by law.


Obligation to Inspect Goods

The buyer must inspect the goods or ensure that the inspection is carried out within the shortest feasible time, depending on the circumstances.


Obligation to Notify

Unless otherwise agreed, the buyer must notify the seller of any complaints, claims, or lawsuits from third parties related to intellectual property violations or force majeure events affecting the performance of the contract by both parties.


Obligation to Ensure Intellectual Property Rights of Goods

The buyer must ensure that the goods under the contract do not violate intellectual property rights.

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