Terms of Participation
Use
The present conditions for the participation in Scanmarket events apply to all Suppliers taking part in and/or making bids in one of Scanmarket’s eRFx or eAuction events. These may only be modified or changed following express written agreement with NegoSmart Bilisim Hizmetleri A.S., hereinafter NegoSmart. The Supplier’s specification of particular or special terms in offers etc. is only valid if expressly accepted by the User in writing.
Terminology
The employee of a NegoSmart client who is setting up eRFx or eAuction events in the Scanmarket system are hereinafter referred to as Users. The Parties invited to any eRFx or eAuction events, including RFQ’s and Tenders, are hereinafter referred to as Suppliers. Scanmarket eRFx and eAuctions include, unless otherwise specifically indicated, all Scanmarket’s electronic eRFx and eAuctions.
Conducting An eRFx
Suppliers may place bids within the eRFx events (RFx, RFQ and RFI types) and also provide answers to the RFI part of an eRFx, until the deadline is reached. In all eRFx types each Supplier can change his submitted bids as long as the event is active and in progress, and he is prevented from viewing the other Suppliers’ bids or identities. For all eRFx types, the User is allowed to prolong the event with a time interval, defined by the User. The User may also stop or cancel any eRFx events before the deadline is reached. During the participation period of the eRFx, the User may make changes. The User may send messages to one or more of the Suppliers during and after the participation period of the eRFx; Suppliers can also send messages to the User during and after participation period of the eRFx.
Conducting An eAuction
Suppliers may submit bids continuously during the eAuction bidding period. If the User has allowed proxy bids prior to the eAuction bidding period, the Suppliers are also allowed to submit proxy bids before that.
In the eAuction types RFQ, Tender, Dutch and CherryDutch each Supplier may only submit one bid, and are prevented from viewing the other Suppliers’ bids. In case of all other eAuction types, the eAuction is completed as a reverse auction, i.e. each Supplier can be allowed to view the leading bid, the two leading bids etc. or receive information about his own position in the bid hierarchy. For instance in the eAuction type Reverse Ranking Auction, the Supplier may only view the ranking of his own latest bid or if the User has chosen the functionality leading/not leading, the Supplier may only view whether he is leading or not leading in the bid hierarchy. In a Japanese auction the Supplier is prevented from viewing other Suppliers’ bids and are allowed to place more bids (i.e. accept the price steps defined by the User). In all eAuction types the Suppliers are prevented from viewing the other Suppliers’ identities.
A special function ensures that, unless otherwise stated in the specific eAuction specification, the time will automatically be extended by 2 minutes if bids are placed less than 2 minutes before the otherwise specified end time (This does not apply to the eAuction types RFQ, Tender, Dutch, CherryDutch and Japanese). The User may define shorter or longer time intervals for this function. The time interval will appear from the specifications. This function has been introduced to prevent Suppliers from speculating in placing bids immediately before the end of an eAuction, and to allow Suppliers with slow internet connections to take part in the “run-up”.
The User is allowed to prolong the eAuction with a time interval that the User defines. The User may also stop or cancel any eAuction event before the deadline is reached. The User may make changes to all fields in the eAuction before or during the eAuction period. The User may send messages to one or more of the Suppliers during and after the eAuction bidding period; Suppliers can also send messages to the User during and after the eAuction bidding period. The Supplier is only able to follow the eAuction when he has made his first bid. This functionality ensures other Suppliers that competitors are only able to view bids if they are seriously interested in participating in the eAuction.
Completing The eRFx And eAuction
Once the end time is exceeded, it is no longer possible to place bids in the various eRFx and eAuction types, or provide answers to the RFI part of an eRFx. The User, who has created and completed the eRFx or eAuction, is now free to select which Supplier he/she wishes to contract with, or reject all bids. In case of the eAuction types Cherry Picking Auction, CherryLot Auction, CherryDutch Auction, Cherry Picking Tender, Cherry Picking RFQ, CherryLot Tender, CherryLot RFQ, or the eRFx types Cherry Picking and CherryLot, the User is free to choose one or more Suppliers within the placed bids. The User will inform the participating Suppliers of the result of the eRFx or eAuction, which will normally follow the same procedure as the invitation.
Binding Effect And Period
Answers provided to the RFI part of an eRFx as well as bids made by the Supplier placed in any eAuction or eRFx type are as binding on the Supplier in relation to the User as if they had been made in writing and submitted by post/e-mail/fax. Unless otherwise specifically stated, a placed bid is binding for thirty (30) working days counting from the day after the event’s end time. Where a Supplier makes a new, lower bid during an eAuction (does not apply to the eAuction types RFQ, Tender, Dutch, CherryDutch and all forward eAuctions), a previously placed, higher bid will automatically lapse. In case of all forward eAuctions a previously placed, lower bid will automatically lapse where the Supplier makes a new, higher bid.
Exemption of Liability And Legal Status
Scanmarket and NegoSmart renounce liability to pay damages as a result of: misprints on the homepage, third party information, erroneous information or errors in specifications, invitations etc., and lacking functionality in eRFx or eAuction software or behind the homepage as a result of technical errors, computer virus or sickness at Scanmarket. Scanmarket and NegoSmart renounce liability to pay damages and any other liability in relation to User, Suppliers, third party or public authorities as a consequence of User-initiated eRFx or eAuctions, including claims for damages as a result of concluded or possibly not concluded agreements. NegoSmart renounces any liability and claims that the User or Suppliers may incur towards public authorities, including taxes and duties, etc., or as a result of failure to observe legislation regarding tenders, competition etc. NegoSmart through Scanmarket solely provides the User with an opportunity to hold an eRFx or eAuction and the Supplier an opportunity to place bids or provide answers to the RFI part of an eRFx for the purpose of purchase or sale of services/products directly between the User and the Supplier. As a result, Scanmarket and NegoSmart cannot be considered a User, Supplier, dealer, agent or department of neither the Supplier nor the User or in any other way bind or be bound by these. All agreements are made directly between the User and the Supplier. NegoSmart and Scanmarket retain the right to fix and/or change these conditions and/or specific guidelines for the use of Scanmarket eRFx or eAuction software without prior notice.
Invalidity
Should one or more stipulations contained in these terms be or become invalid, other terms shall remain valid between the Parties. In this case, the Parties shall be obliged to replace the invalid stipulation(s) with a valid one, which shall as far as possible pursue the objective and legal position contained in the invalid stipulation(s).
Venue and Choice of Law
Any dispute arising as a result of these terms shall be settled according to Turkish Law and with the Courts of Istanbul , Republic of Turkey as the legal venue. This stipulation does not, however, concern the international, private law rules of Turkish law, including CISG.