General Conditions of Sale

1. Acceptance of customer orders

These General Conditions of Sale, unless otherwise agreed in writing, govern all current and future sales contracts between the parties. Orders are subject to these Conditions of Sale, except for any exceptions agreed in writing. The conditions of purchase expressly proposed in writing by the customer do not commit BM Filtration SRL in any way and are deemed to be superseded by these General Conditions of Sale. Orders cannot be cancelled or modified without this being agreed with BM Filtration SRL. Any cancellations of orders cannot be received within 20 days prior to the expected delivery date.

2. Prices

Prices are in Euro, net of VAT, including packaging (unless otherwise specified), excluding transport.

3. Terms and conditions of payment

In the case of first delivery, payments must be made at notice of good ready for delivery to the extent of 100%. For deliveries subsequent to the first one, the terms of payment shall be agreed between the parties with preference bank transfer at 60 days from invoice. In case of non-compliance by the customer with the terms and conditions of payment, BM Filtration SRL may suspend the supplies in progress or complete them only against advance payment. Any problems relating to bank details, prices or quantities invoiced must be reported and discussed within 15 days from the date of sending the invoice. No further complaints will be accepted after this deadline. Bank commissions will be charged at the rate of 6,25 Euros for each outstanding invoice.

4. Retention of title

In case the payment terms are subsequent to the delivery of the goods, the goods remains property of BM Filtration SRL until the complete payment of the supply.

5. Delivery - Transport costs - Passing of risk

The delivery date is indicative and not binding. In the event of substantial changes, the expected delivery date shall commence on the date of the change. No penalty may be applied to BM Filtration SRL for late delivery of materials, unless the provision of the penalty has been expressly accepted in writing by BM Filtration SRL. All materials, unless otherwise agreed in writing, are delivered ex warehouse of BM Filtration SRL. All possible transport and/or shipping costs are to be paid by the customer. The delivery of the materials to the customer or to the carrier determines the passing of risk to the customer. If the customer does not collect the materials within the agreed terms or does not provide adequate instructions to BM Filtration SRL for the shipment, without prejudice to the passing of risk to the customer, BM Filtration SRL shall be entitled to be reimbursed by the customer for all expenses incurred for the conservation of the materials.

6. Complaints and cancellation or partial or total changes

Complaints relating to quantities, defects and quality or non-conformity defects must be communicated in writing, under penalty of forfeiture, within and not later than 15 days from receipt of the goods with detailed indication of the defects or non-conformities contested to BM Filtration SRL does not accept any costs deriving from modifications and/or repairs made on behalf of BM Filtration SRL unless expressly agreed. If the claim is unfounded, the purchaser shall be obliged to reimburse BM Filtration SRL for all expenses incurred by it for the assessment. In case of damage to the products during shipment, the complaints must be made directly to the shipping company. Complaints or disputes do not give the client the right to suspend the payment of invoices for material deemed to be defective.

7. Returns

Returns of material will not be accepted unless authorised by BM Filtration SRL, any intervention by the customer must be authorised by BM Filtration SRL, otherwise invoices will not be accepted.

8. Force Majeure

In cases of force majeure the supply of the material will be suspended until the impediment is removed, without prejudice to the right of BM Filtration SRL, at its complete discretion, to arrange for its cancellation.

9. Warranty

BM Filtration SRL guarantees its products for a period of 12 (twelve) months from the date of purchase. This warranty only concerns the repair or replacement free of charge of those parts which, after careful examination carried out by BM Filtration SRL, are found to be defective. The warranty, with the exclusion of any liability for direct or indirect damages, is considered limited only to material defects and ceases to have effect if the returned parts are disassembled, tampered with or repaired outside BM Filtration SRL. Also excluded from the warranty are damages deriving from negligence, carelessness, misuse and improper use of the product or incorrect manoeuvres by the operator.

10. Applicable law - Jurisdiction - Jurisdiction

The contracts signed with BM Filtration SRL are subject to Italian law. Any dispute that may arise regarding the interpretation, performance, breach, execution or termination of the contracts signed with BM Filtration SRL and any other matter related to it shall be subject to Italian jurisdiction and the competent court shall be exclusively that of Turin.

Rev. 0 of 29/10/18