CONTRACT

1. PARTIES

Parties to the Contract are
1.1 the Ministry of Justice, and
1.2 the person who is registered with the e-bid website.

2. SUBJECT MATTER OF THE CONTRACT AND DEFINITIONS

The subject-matter of the contract is to define the e-bidding "Member" who deposits the security through electronic means and logs in the e-bid system with or without an e-signature and places bids for the moveables and immoveables auctioned by enforcement and bankruptcy offices and elimination of co-ownership sales offices and the authorities making sales under the provisions of the Execution and Bankruptcy Code numbered 2004 using the UYAP IT System.
The subject matter of this contract is to specify the terms and conditions for placing bids by the e-bidding "Member" for the goods tendered by the enforcement offices in the "E-Bid System" as well as the rights and obligations concerned.

3. RIGHTS AND LIABILITIES

3.1. The highest bid placed using electronic means concerning the goods on sale is taken into consideration as the tender opening price by the selling authority at the date and time specified in the sales announcement and the tender is announced based on this price. The bids to be placed using electronic means cannot be 50% percent lower than the price of the goods or entitlement to be tendered.
3.2. The e-bidding is valid only for the sales by the enforcement and bankruptcy offices which have accounts at Vakıfbank and the authorities which make sales under the provisions of the Execution and Bankruptcy Code numbered 2004.
3.3. The bidder who wishes to place an electronic offer should have an account at one of the banks which have made agreements with the Ministry of Justice.
3.4. Information related to the sales in the E-Bid System is entered by the authority which will make the sales using the UYAP IT System screens.
3.5. Before placing an offer for a tender, the bidder should deposit the security, shown on the System page, to the bank account (TL) belonging to the authority making the sales as per the provisions of Article 24 of the Law numbered 6352 of the Execution and Bankruptcy Code numbered 2004 and Article 29 and 126 (amended) of the Law numbered 6352 of the Law numbered 2004.
3.6. The bidder may take back the deposited security via the E-Bid System until the end of the electronic bidding period provided that the bidder has placed the highest bid. The securities which are not withdrawn during this period are returned by the authority that makes the sales to the relevant bidders using the UYAP IT System.
3.7. The highest bidder in a tender is responsible for the bid and cannot demand the return of the security until the end of the physical tender that will take place following the electronic bidding process. If a bid higher than the one placed during the electronic bidding is placed at the physical tender, the security deposited by the highest bidder is returned by the authority that makes the sales using the UYAP IT System.
3.8. By bidding through electronic means, the bidder agrees to comply with the provisions of the tender announcement and the tender specifications.
3.9. By bidding through electronic means, the bidder is deemed to have seen and accepted the goods or entitlement to be sold as specified in the specifications and the announcement.
3.10. The bidder agrees and undertakes to deposit the tender price on the day the tender is completed or within the period given by the enforcement office if the bidder is electronically awarded. The tender result is not notified to the bidder separately.
3.11. In compulsory enforcement sales, the electronic bidder who is awarded is required to pay, in addition to the tender price, the VAT, stamp tax, registration and delivery costs arising from the sales. If these costs are not paid, the goods are not delivered and provisions of the relevant legislation are implemented.
3.12. The goods or entitlement will not be delivered or registered before the tender is finalized. Compulsory enforcement sales are subject to judicial review, and if an action for cancellation of the tender is brought, the seized goods will not be delivered to the bidder and the tender price deposited by the bidder will not be returned until the legal action is finalized. The bidder is assumed to know this.
3.13. The electronic or physical bidder agrees and accepts that the bid will be invalid and void and the bidder may take back the deposited security and the bidder will not make any other claims if the sale is halted or dropped due to abandonment, court decision or payment of the debt or any other reason.
3.14. The claimant or his/her attorney may waive from the sales demand until the end of the physical sales after the sales announcement is made.
3.15. The bidders are deemed to know that the sales may be canceled, dropped or halted by the authority that makes the sales of the goods or entitlements concerned.
3.16. The e-bidder agrees and accepts that notices will be served to the address that is declared through electronic means.
3.17. The e-bidder agrees and accepts that s/he will deposit the fees and taxes within on the date of tender or within the specified time in case a tender is held in return for his/her receivables, and if s/he fails to despot them, the tender decision will be lifted. The tender result is not notified to the bidder separately.

ARTICLE 4- INTELLECTUAL PROPERTY RIGHTS

The rights of use of the E-bid System page belong to the Ministry of Justice.

ARTICLE 5 – AMENDMENTS TO THE CONTRACT

The Ministry of Justice may unilaterally amend this contract based on its own discretion or legislation and announce these amendments on the System page.

ARTICLE 19 - FORCE MAJEURE

6.1. The Ministry of Justice will not be held responsible for partially fulfilling or not fulfilling any of the acts set forth in this contract in cases of force majeure. No claim for damages can be filed against the Ministry of Justice in such cases.

6.2. The term force majeure will be interpreted to mean natural disaster, fire, explosion, mutiny, mobilization, war, strike, lockout, epidemic, communication failure, infrastructure and Internet defects, efforts to improve the system and associated malfunctions, and the incidents which are beyond the control of the Ministry of Justice and which the Ministry of Justice cannot prevent reasonably despite due attention.

ARTICLE 7 - GOVERNING LAW AND AUTHORIZED COURTS

7.1. Any legal disputed arising from the implementation and interpretation of this contract will be governed by the laws of Turkey.
7.2. Disputes arising from the implementation and interpretation of the contract will be settled at the courts of law and enforcement in Ankara.

ARTICLE 8 - VALIDITY OF THE RECORDS OF THE MINISTRY OF JUSTICE

The e-bidder agrees and accepts that the electronic records kept at the database and servers of the Ministry of Justice will be accepted as valid in the disputes arising from this contract.

ARTICLE 37- ENFORCEMENT

The contract is mutually agreed and enters into force upon the e-bidder's approval through electronic means.
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