5. Penalization of infringements

   a.In the case that the quality and test conditions, the Statutes of "Quality Union" Association and the application rules are not followed, the Quality Consultative Committee makes a report to the Board of Directors containing a proposal for the following penal applications. The Board of Directors, at its discretion, applies these penalties.
The Board of Directors

  • gives a notice to the user of the quality mark for warning purposes.
  • may increase the frequency of inspections for a certain time of period
  • may require a penal payment to the quality union, not exceeding an amount in Turkish currency equivalent to DEM 5.000.- according to the scope of infringement.
  • may seize the right of the user to use the quality mark for a definite time of period or permanently.

   b.The user of the mark, in the case that some infringements in the use of quality mark or any deviation from the quality and test conditions are found at the time of inspections of the window profiles, is given a notice and, a series of inspections is carried out in consideration of the circumstances, or the user of the mark is required to pay a fine to be paid within 14 days from the date of notice.

   c.In the event of recurrence of such case as not following the quality and test conditions, or if the quality mark is misused or the conditions of the quality mark using are not followed or if the quality mark user injures its quality assurance by its actions, its right to use the quality mark may be seized for a definite or indefinite time of period.

   d.In the cases that any such inspections as mentioned in the article 4 are delayed or impeded by the user of the mark, the user is fined as per the article 5.1.

   e.The user of the mark is allowed 14 days to defend itself prior to seizing its right to use the mark (article 5.1)

   f.In the cases of emergency, the Chairman of Board of Directors of the "Quality Union" Association may seize the rights of the quality mark user on a temporary basis, so as to take effect immediately. Such a practice is either approved or annulled with a resolution by the board of directors within 14 days (article 5.1).

   g.The user of the mark may object such penal notice mentioned in article 5.1 in return within 14 days with a letter of objection to be forwarded to the Quality Consultative Committee. Any objection is of a retarding effect on the penal payment. However, should the Consultative Committee becomes aware of such an emergency as misleading the market, it may approve the punishment on a temporary basis without waiting for the objection to be processed.

   h.Any reapplication for quality mark or membership in accordance with the article 1 may be lodged provided that minimum three months elapse since its right to use the mark was seized (article 5.1) or minimum 6 months since it was discharged from the union (article 3.6 of the Statutes). In such cases, other than such conditions as provided in article 1, the Board of Directors may take particular decisions.


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