THE WORKSHOP QUALITY CHART
The following general conditions apply in the context of the services that the supplier will provide to club members on their boats or on the supplier's own premises.
The club "Nokta-Yachting" is made up of boat owners who are individually designated as "members" in this contract. The club provides each member an annual membership card in the name of the boat and its owner(s). The name of the boat must appear on the membership card of each member. The supplier asked to provide services can use this card to verify club membership.
The boat is a living space, a reflection of a home. The workers employed by the supplier must respect certain rules. For example:
Take off their shoes or put on special protective shoe covers so as to not dirty or mark the deck or interior floors while they are onboard,
Protect the work zone to avoid damage to the boat,
Clean up the work area after each days work and at the conclusion of the work replace all elements displaced in order to conduct the work
Bring and work with their own tools and without having to make use of those belonging to the boat.
In conformance with the contract signed between the supplier and the club, it is the responsibility of the club to authorize the individual or company to provide services to club members. The club will have done the necessary assessments to determine if the person(s) or the company in question possess(es) the professional competence and the equipment necessary to accomplish the services and will have recognized that the supplier possesses the necessary knowledge and skills. In addition, it will have been accepted by the club that the equipment in the possession of the supplier allows the supplier to conduct work in its area of speciality.
In conformance with the contract, the supplier is charged with keeping its equipment in good operating condition. Within this aspect of the contract, the club has the right to check the conformance of the supplier at any time. In case the supplier does not maintain its equipment and tools in good operating condition and does not perform as expected, the club reserves the right to unilaterally cancel the current contract without paying any indemnity.
The supplier undertakes to warrant the quality of the work performed for a member of the club. In the event of non-performance or rapid deterioration of the work done due to an error of the supplier at the time of repair or execution of the work, the supplier undertakes to act, without supplemental charges, to remedy such problems.
Following action in the context of maintenance or repair, if necessary, the supplier will submit a written report identifying the work to be done to other parts of the boat in order to effect the proper operation of the part that was maintained or repaired. The application of the warranty cannot be sought by a club member if the maintenance foreseen by such report has not been done and such omission by the member is the cause of non-performance or rapid deterioration of the work done by the supplier.
The supplier undertakes to respect the time frame for which it has been engaged to provide the services. In the event of a major timing problem, the supplier undertakes to advise the club member at least 48 hours in advance of a delay and to provide new dates.
When meeting at a definite place, the suppliers workers, like the club member, undertake to be at such location at the agreed time. In the event of being delayed, the suppliers workers, like the club member, are obligated to notify the other party well in advance. If the member is not at the agreed place at the agreed time and the member did not notify the supplier well in advance of a change, the supplier can demand reimbursement for travel-related charges.
In the event of a serious default, the supplier, like the club member, can submit a claim for indemnity which the club will study on a case by case basis.
BILLING AND PRICE LISTS
The supplier undertakes to prepare an invoice for its work at reasonable prices and in conformance with current market prices. To this end, and forming a part of this contract, there will be annexed to the contract as special conditions a statement including the supplier pricing for the period 1 April 2005 to 31 March 2006 indicating hourly rates, travel-related charges per kilometer to destinations more than 15 kilometers from Marmaris, and fixed fees for certain work according to a particular profession. This price list will be made available to club members.
The supplier undertakes to apply pricing to parts and materials in conformance with public pricing by Turkish distributors for those same parts and materials.
If a marina requires a commission on the work, the supplier must disclose this charge to the member as a surcharge to the cost of the services.
OBLIGATIONS OF THE CLUB
The club undertakes:
To accept the supplier as a member of the club ++ as an officially accepted professional and, if desired by the supplier, to provide the supplier with a club membership card for the duration of the current contract;
To recommend and introduce the supplier to the club member. An identification number will be assigned and provided to the supplier for each job that the club conveys for a members account. This number will ultimately serve as a reference for file management.
To promote the supplier amongst the club subscribers, notably showing the supplier in the public and private list of officially accepted professionals on the NOKTA- YACHTING.COM website, and making available to the supplier for the duration of the contract a standard web page to present the supplier and it services. The preparation of such web page is at the cost of the supplier.
To intervene as arbitrator, without charge, in the event of disagreement between the supplier and the club member in order to find a solution acceptable to both parties.
To assist the supplier, to the extent possible, to research technical documentation necessary to improve the quality of service, if necessary making contact with foreign manufacturers in the case the supplier cannot obtain such information from a product distributor in Turkey, if it exists.
PAYMENT OF THE CLUB
It is clearly understood that the club does not take a commission on the services provided by the supplier. The billing of supplier services will be direct from the supplier to the member and payment will be made directly from the member to the supplier.
The Club will receive from the supplier an annual fixed fee of 250 Euros plus VAT against membership which will be valid until the end of March 2006. The club will provide an invoice to the supplier for this amount. Amount of the fee can be paid in Euro or New Turkish Lira (YTL) at the exchange rate on the day of payment.
In the event of disagreement between the supplier and a member of the club, the club will try to resolve the problem acting as an arbitrator.
DURATION OF CONTRACT
The contract is intended for a duration commencing 1 April 2005 or the date of signing the contract and finishing on 31 March 2006. This duration will not be automatically renewed, but if the club and the supplier mutually agree then a new contract will be written.
CANCELLATION OF CONTRACT
In the event the terms set out in the current contract are not met by the supplier, the contract can be unilaterally cancelled by the Club. This cancellation will be done by registered letter to the supplier and will come into effect with confirmation of receipt. In the event of cancellation, the supplier by signing the contract undertakes not to claim any indemnity whatsoever from the club.
In case of a legal procedure of one party against the other, the parties agree that only the courts and legal offices of Marmaris will be competent to address the litigation.
Concerning the work to be done or the services to be provided, the parties will establish between themselves in this section the special conditions that are not mentioned in the above General Conditions.