General terms of sale
For all contracts and offers for the sale of goods by Fist d.o.o., INCOTERMS 2000, latest edition, shall apply unless otherwise specified in an individual sales contract. The buyer’s general terms of purchase/business are invalid, even if they have not been explicitly rejected by the seller.
All notifications regarding sales can be exchanged between the parties in writing, verbally, or by telephone. Any verbal agreement is binding on the seller only if it is mutually confirmed in writing.
Material reservations can be made in writing or verbally. From the moment the reservation is accepted and confirmed, its validity (in terms of quantity and price) is three (3) working days. In case of an extension of the reservation, the seller does not guarantee the price or the delivery of the entire reserved quantity.
Cancellation of orders for materials that are made exclusively according to the buyer’s specifications is possible three (3) weeks before the confirmed delivery date for materials produced within the EU, and five (5) days after the order is placed for materials produced outside the EU. The seller will inform the buyer prior to placing the order if the material is being ordered specifically for them.
Unless expressly agreed otherwise, invoices are issued based on the weight of the material at loading. The seller is entitled to make partial deliveries of the material. The seller is also entitled to deliver plus/minus 10% of the contractual quantity of material.
Before collecting the material from the seller’s warehouse, the buyer must provide written notification of the pickup details, such as the pickup date, quantity and type of material, the carrier’s name and surname, vehicle registration number, and the carrier’s phone number.
Ownership of the material does not transfer to the buyer until all obligations arising from the business relationship with the seller have been fully settled. The buyer agrees that until full payment is made, the seller retains ownership of the material without the need for additional confirmation from the buyer.
If doubts arise regarding the buyer’s ability or willingness to pay (for example, but not limited to, delayed payments, reduction/cancellation of credit lines provided by credit insurance, etc.), the seller has the right to withhold delivery of the material until payment is made or a payment guarantee is received, without any liability for damages.
The seller guarantees that the material is produced in accordance with the manufacturer’s specifications. Any other certificate or statement is invalid. No technical or chemical report shall be considered a guarantee of quality or suitability of the material for any specific purpose.
The seller confirms, either directly or through an authorized intermediary, compliance with the REACH Regulation (No. 1907/2006), which includes pre-registration for the purpose of registration (evaluation and authorization) of those chemicals subject to the REACH Regulation.
The buyer must inspect the material immediately upon delivery. Notifications of incorrect delivery, damage, or incorrect quantity will only be considered if the buyer informs the seller in writing within three (3) working days of receiving the material, and in any case, before the material is processed.
In the event of complaints, the seller may appoint an independent inspector to examine the subject of the complaint and whose findings will lead to a satisfactory resolution for both parties. The buyer must provide the independent inspector with access to the material and answer their inquiries related to the complaint. If the complaint is justified, the seller has the right to replace the claimed material or refund the buyer the invoiced amount for the goods, provided the goods are returned to the seller.
In the case of complaints (regardless of negligence), it is agreed that compensation for damages can be paid up to the maximum amount stated on the invoice for the material; under no circumstances can the compensation exceed the invoiced amount. Neither party shall be liable for indirect or consequential damages.
The delivery date is binding only if explicitly confirmed by the seller. Delivery deadlines may be assumed if the seller has informed the buyer when the material will be manufactured and ready for collection. In case of production delays, the buyer agrees to tolerate a minimum delay of two weeks without the right to file a complaint.
The buyer shall cover any damages resulting from delayed unloading of the material if they were informed in due time when the delivery would take place.
The seller shall not be liable for failure to fulfill contractual obligations due to "force majeure" (as defined in Article 153 of the Obligations Code).
The seller and the buyer shall attempt to resolve any disputes amicably. If this is not possible, the District Court in Domžale shall have jurisdiction for dispute resolution. Any legal proceedings between the buyer and the seller shall be governed exclusively by the laws of the Republic of Slovenia.