GM SAVUNMA SANAYI TEKNOLOJILERI A.Ş.
(GM DEFENSIVE)
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY

Effective Date: 01.03.2021

1. INTRODUCTION

These General Terms and Conditions of Sale and Delivery (“Terms”) constitute a legally binding agreement between GM Savunma Sanayi Teknolojileri A.Ş. (“GM Defensive”, “we”, “us”, “our”), a company duly organized under the laws of the Republic of Türkiye, and any buyer (“Buyer”, “you”) engaging in the purchase of GM Defensive’s products, services, or solutions. These Terms apply to all quotations, offers, order confirmations, Proforma Invoices, sales, and deliveries made by GM Defensive unless otherwise explicitly agreed in writing by both Parties.

By placing an order, the Buyer acknowledges having read, understood, and accepted these Terms in full.


2. DEFINITIONS

  • Product(s): All machinery, equipment, and accessories including, but not limited to, run-flat tire changer machines, trailer-mounted systems, military vehicle support products, and any related documentation or software.
  • Contract: Any signed agreement, order confirmation, or Proforma Invoice including these Terms.
  • Force Majeure: Unpredictable and unavoidable events outside the control of the affected party.
  • CIF: Cost, Insurance, and Freight (Incoterms 2020), unless otherwise agreed.

3. SCOPE OF SUPPLY

GM Defensive agrees to manufacture, deliver, and optionally install Products as specified in the Buyer’s purchase order or the issued Proforma Invoice. Each transaction is subject to:

  • Technical specifications confirmed in writing;
  • Delivery and payment terms outlined in the respective invoice;
  • Export control and legal compliance applicable in Türkiye and the destination country.

GM Defensive reserves the right to refuse or cancel orders at its discretion, including where export authorization cannot be secured.


4. ORDER PLACEMENT AND CONFIRMATION

4.1 Orders are only deemed accepted upon:

  • Signed written acceptance by GM Defensive;
  • Issuance of a Proforma Invoice;
  • Receipt of full payment.

4.2 Verbal communications, negotiations, or proposals shall not be binding unless confirmed in writing.

4.3 Orders cannot be cancelled, modified, or suspended by the Buyer without GM Defensive’s prior written approval.


5. PRICING AND PAYMENT

5.1 All prices quoted are:

  • Net, exclusive of taxes, duties, fees, transportation, or insurance;
  • Valid for 30 days unless stated otherwise.

5.2 100% advance payment is required for all orders unless otherwise explicitly negotiated and documented.

5.3 Payment is due via bank transfer to the account listed on the invoice. Currency must match the invoice (usually USD or EUR).

5.4 Late payments incur an interest rate of 5% per month or the maximum allowed by applicable law. Production and delivery will be halted until full payment is received.


6. DELIVERY, TITLE, AND RISK

6.1 Delivery is made on a CIF basis (Incoterms 2020) unless otherwise stated in writing. The default port of departure is Bursa, Türkiye, and GM Defensive’s primary factory is located in Bursa. Risk transfers to Buyer upon arrival at the destination port as per CIF terms.

6.2 Unless agreed otherwise in writing, GM Defensive is responsible for:

  • Freight, marine insurance, and export customs procedures;
  • Buyer remains responsible for import duties, destination customs clearance, and in-country logistics.

6.3 A signed Loading Report or Bill of Lading will constitute conclusive evidence that the Products were delivered in contract-compliant condition.


7. EXPORT CONTROL AND REGULATORY COMPLIANCE

7.1 Buyer is responsible for obtaining all necessary import/export licenses, permits, and approvals.

7.2 GM Defensive will comply with Türkish export regulations, including defense and dual-use product rules. Orders violating such rules will be rejected or voided.

7.3 Buyer agrees not to divert, transfer, re-export, or resell Products in violation of Türkish, EU, UN, or U.S. export laws.

7.4 GM Defensive operates internationally with regional business entities:

  • In Italy: Genesis Mechanics SRL;
  • In the United States: NX Defense Corp.

These affiliates may engage in local coordination, commercial support, or technical assistance subject to applicable regional regulations.


8. INSTALLATION, TRAINING, AND SITE SUPPORT

8.1 Upon Buyer’s written request, GM Defensive may dispatch qualified personnel for:

  • On-site installation and commissioning;
  • User and maintenance training.

8.2 Buyer is responsible for:

  • Visas and legal entry procedures;
  • Two-way airfare, accommodation, meals, internal transportation;
  • Site readiness and safety compliance.

8.3 Installation and training duration varies by product and scope. A typical installation and training period is 10-15 working days.


9. WARRANTY

9.1 GM Defensive provides a 24-month limited warranty from installation date, covering:

  • Manufacturing defects;
  • Parts and labor, excluding wear and tear and consumables.

9.2 Warranty exclusions include:

  • Damages from misuse, voltage issues, improper maintenance;
  • Third-party modifications or repairs without approval.

9.3 Repairs under warranty will be performed within 60 working days, with warranty time paused during this period.

9.4 GM Defensive ensures spare part availability for 15 years post-delivery, available for purchase at current prices.


10. LIABILITY

10.1 GM Defensive’s total liability is limited to the net price paid under the relevant contract.

10.2 GM Defensive shall not be liable for:

  • Indirect, incidental, or consequential damages;
  • Business interruption, loss of profits, or data.

10.3 Any claim must be made in writing within 30 days of delivery or defect discovery.


11. CONFIDENTIALITY

11.1 All technical, commercial, strategic, and operational information exchanged shall be treated as confidential.

11.2 Neither Party shall disclose any confidential material to third parties without prior written consent.

11.3 These confidentiality obligations shall survive for 5 years after contract termination.


12. DATA PROTECTION

12.1 Both Parties agree to process personal data in accordance with applicable data protection laws (e.g., KVKK, GDPR).

12.2 Personal data shared for order fulfillment, delivery, and support will be limited to necessary use and retained securely.


13. FORCE MAJEURE

13.1 Neither Party shall be held liable for failure or delay in performance due to Force Majeure events such as:

  • War, terrorism, natural disasters, pandemics;
  • Government actions, embargoes, customs blockages.

13.2 Affected Party must notify the other within 10 working days of event occurrence. If Force Majeure lasts over 90 days, either Party may terminate the contract without penalty.


14. TERMINATION

14.1 This Agreement may be terminated:

  • By mutual consent in writing;
  • If a material breach is not remedied within 10 business days of written notice;
  • If a Party is subject to bankruptcy or government seizure.

14.2 Upon termination:

  • All unpaid amounts become immediately due;
  • Confidentiality and IP rights survive.

15. INTELLECTUAL PROPERTY

15.1 All intellectual property rights related to GM Defensive’s Products, manuals, drawings, and software remain the exclusive property of GM Defensive.

15.2 Buyer is not authorized to copy, modify, reverse engineer, or sublicense any part of the Products.


16. GOVERNING LAW AND JURISDICTION

16.1 These Terms are governed by the laws of the Republic of Türkiye.

16.2 Any disputes shall be settled exclusively by the Ankara Courts and Enforcement Offices, without prejudice to GM Defensive’s right to pursue claims elsewhere.


17. MISCELLANEOUS

  • Entire Agreement: These Terms and referenced documents constitute the entire agreement.
  • Amendments: Must be in writing and signed by authorized representatives of both Parties.
  • No Waiver: Delay or omission in enforcing a right does not constitute waiver.
  • Severability: If one clause is deemed invalid, the rest remain enforceable.

18. CONTACT INFORMATION

GM Savunma Sanayi Teknolojileri A.Ş.
1243. Sok. No:2/10, Cevizlidere Mah., Çankaya, Ankara – Türkiye
Primary Production Facility: Bursa, Türkiye
International Entities:

  • Genesis Mechanics SRL – Italy
  • NX Defense Corp – United States

Email: info@gmdefensive.com
Phone: +19546513586
Website: www.gmdefensive.com