SALES TERMS AND CONDITIONS

1. DEFINITON OF TERMS
The following terms and conditions apply to every order received by FIRŠT Rototehnika s.p. (Firšt) and every delivery or service. Purchase conditions of our buyers are with this excluded and they are not being accepted. Exceptions are only valid when confirmed by FIRŠT in writing. Purchase orders are only binding if confirmed by FIRŠT in writing.
2. OFFER
Offers are not obligatory for Firšt in anyway. Contracts made by Firšt agents-representatives are understood to be binding only after regular acceptance by the Firšt itself. All pricelists and offers are not binding for Firšt in any way. In case of unexpected price changes of raw material, Firšt reserve right to change the price without prior notice.
3. ORDERS
Ordes are accepted in the form of a reservation and do not bind Firšt to deliver ordered goods, even partially. We do not accept orders for amounts of less than 1000 EURO, VAT excluded.
4. PAYMENTS
All payments shall conform to what is stated on the invoice. In any case, the goods delivered remain the property of Firšt until full payment is made.
In case of non-payment, Firšt is entitled to claim for damages. If the costumer fails to comply with the payment terms agreed upon, he will fall into arrears.
Firšt will have the right to consider the contract cancelled and he will further be entitled to undertake the necessary legal proceeding to obtain full payment of the goods ordered.
Payments must be made to our domicile according to the times and methods indicated in the invoice. Payments cannot be suspended, even in the case of disputes. After the agreed deadlines have elapsed, default interest at the current rate will be calculated. Delay in payment authorizes us to suspend any supplies in progress, without warning.
5. PROPERTY RIGHTS
The ownership of the goods shall remain with FIRŠT until payment in full for all our claims resulting from our business relation is received. In case of improper treatment of the goods or in case of default FIRŠT may demand the return of the delivered goods. This demand entails resignation of the contract only if FIRŠT declares it explicitly. Resellers are allowed to sell the goods to third parties in due course of the business. The customer herewith assigns his resale claims against third parties to FIRŠT.
6. DELIVERY
Delivery dates are not binding unless expressly stated in the contract as binding dates. Delay in delivery requires a written, or by telephone, reminder and an adequate additional grace period set by the customer.
Delivery term is 90 working days and is to be intended Ex-works unless a different delivery condition is agreed with Firšt.
7. GUARANTEE
All FIRŠT products are guaranteed against fabrication defects recognized by our technical office. The Firšt will freely replace all parts found to be defective, on the understanding that the complaint is made within the time and according to the methods stated in point 8 of these general sales conditions. FIRŠT's liability shall be restricted to the replacement of defective material or repair only, unless special characteristics or specifications of the contract goods have been explicitly guaranteed and assured by Firšt in writing. Transportation costs are worn by the customer. In case of failure of replacement or repair the customer may demand a reduction in price or cancellation of the contract with respect to the defective material. The customer has to inspect the goods delivered immediately and shall immediately give written notification of any defects to FIRŠT, in case of non-obvious defects within 10 working days after delivery at the very latest.
8. COMPLAINTS
In no case may items be returned without first receiving authorization in writing from FIRŠT. Customers have to fill in Firšt complaint form that customer can get via e-mail or fax, and after our authorization send it with the goods customer wants to return. FIRŠT reserves the right to refuse claims if items were not used within defined technical characteristics. Special equipment, or items other than of current design, may not be returned for credit. If approval is granted, Customer agrees to pay a twenty-five percent (25%) restocking charge on standard items of current design, within warranty period; provided such returned items are in the original package or crate when received. If authorized returns are not in original package or crate when received, Customer agrees to pay the costs of inspection, reconditioning, testing, repainting and packaging in addition to the 25% restocking charge.
9. PLACE OF SETTLEMENT AND COURT OF JURISDICTION
The exclusive place of performance shall be Velenje. Proper venue for all claims is the competent local court at FIRŠT's principal place of business. FIRŠT reserves the right to sue the customer at his principal place of business. This agreement shall be governed by the laws of the Republic of Slovenia excluding the UN-Convention on the International Sale of Goods (CISG). Any modifications to this General terms and Conditions must be submitted and approved in writing.