Last update: 07/24/2026
Introduction
These General Terms and Conditions of Supply (hereafter referred to as the “GTCs”) govern all commercial relations between FM FILTER MONZA SRL (hereafter referred to as “the Supplier” or “FM FILTER MONZA SRL”) and its business customers (hereafter referred to as “the Customer”), in relation to the supply of materials, products and services.
The GTCs apply to all quotations, order confirmations and supply contracts, even where they are not expressly referred to in each document. Any general terms and conditions of purchase of the Customer shall not be binding on FM FILTER MONZA SRL unless expressly accepted in writing.
Submitting an order implies full acceptance of these GTCs, without prejudice to the legal requirement for a written signature for specific clauses.
1. Formation of the contract
1.1 Offers and quotations from FM FILTER MONZA SRL are non-binding and remain valid for 30 days from the date of issue, unless otherwise specified in writing. Once this period has elapsed, the offer is automatically deemed to have expired.
1.2 Orders from the Customer must be submitted in writing (by email or certified email). Orders confirmed by telephone or verbally require subsequent written confirmation from the customer to be valid. Each order must include the following information: a description of the product; reference numbers; quantity (in accordance with any MOQs); price; payment terms; and destination.
1.3 The contract shall be deemed to have been concluded only when FM FILTER MONZA SRL sends the Order Confirmation in writing to the Customer. Until that time, FM FILTER MONZA SRL reserves the right not to accept the order.
1.4 If no formal order confirmation is issued, the contract shall nevertheless be deemed to have been concluded when FM FILTER MONZA SRL commences production or issues the relevant invoice.
1.5 Intended use and conformity: FM FILTER MONZA SRL’s products are manufactured in accordance with standard technical specifications or those expressly agreed in writing in the order. As FM FILTER MONZA SRL is not involved in the design, assembly, or final industrial application of the products, the preliminary verification of their technical suitability and compliance with safety regulations and the relevant certifications required by the market remain the sole responsibility of the Customer. The sale excludes the provision of any certifications or approvals not explicitly agreed in the order.
2. Scope of supply
2.1 The scope of supply is limited exclusively to that described in the order confirmation.
2.2 Nature of the products, applications and cross-references. The products supplied by FM FILTER MONZA SRL are not original manufacturer’s spare parts, but adaptable products manufactured and/or marketed by the company itself. Trademarks, logos, original or competitor codes, applications and references to vehicle, engine or system manufacturers are cited solely by way of example. These elements facilitate the customer’s search for and identification of suitable spare parts via cross-references or dimensional parameters and remain the exclusive property of their respective owners.
2.3 Products may be sold unbranded (without a trademark) or marked with the customer’s trademark upon written request from the customer, subject to a written agreement setting out the respective liabilities.
2.4 Drawings, technical specifications and product design instructions remain the exclusive property of FM FILTER MONZA SRL and may not be duplicated or disclosed to third parties without written consent.
3. Prices
3.1 Prices are quoted in euros (€) and are understood to be:
- Ex Works (EXW – Incoterms® 2020) at the premises of FM FILTER MONZA SRL.
- excluding VAT, taxes, transport costs, special packaging, insurance and customs duties, which will be charged separately.
3.2 Prices are valid solely for the supply covered by the specific order confirmation and do not constitute a precedent for subsequent orders.
3.3 FM FILTER MONZA SRL reserves the right to adjust prices if there are changes of more than 5% in the cost of raw materials or labour. The customer will be notified of such a change and may cancel the order within ten working days of receiving the notification.
4. Delivery terms and conditions
4.1 Delivery and transfer of risk: delivery shall be deemed to have taken place ex works (EXW Incoterms® 2020). The risk of loss or damage to the goods shall pass to the customer when the goods are made available to them at FM FILTER MONZA SRL’s premises, before loading onto the customer’s chosen means of transport.
4.2 Delivery time: The delivery times indicated are purely indicative. A tolerance period of 30 days is allowed. Once this period has elapsed, the customer waives the right to claim penalties, compensation or price reductions, except in cases of wilful misconduct or gross negligence on the part of FM FILTER MONZA SRL.
4.3 Delay on the part of the Customer: If the customer fails to collect the goods within 30 days of being notified that they are available, FM FILTER MONZA SRL may dispatch the products and charge the customer for the costs, or apply a storage charge equal to 0.1% of the total value of the goods for each day of delay.
4.4 Force Majeure: The deadlines will automatically be extended in the event of strikes, fires, natural disasters, government measures, supply interruptions by third parties, delays by raw material suppliers, or any other events of force majeure not attributable to FM FILTER MONZA SRL.
4.5 Tolerances: Order quantities are guaranteed with a tolerance of ±5%.
5. Payments
5.1 Payment must be made within the time limits and in the manner strictly specified in the order confirmation.
5.2 The customer is solely responsible for the transfer of funds, regardless of the chosen method.
5.3 Any sums paid by the customer prior to delivery shall be treated as an advance payment on account of the final price of the supply.
5.4 Failure to pay, or late payment, of even a single instalment or on a due date:
- Constitutes a serious breach of contract, resulting in the termination of the contract as a matter of law pursuant to Article 1456 of the Italian Civil Code.
- Entitles FM FILTER MONZA SRL to immediately suspend processing and delivery of all current or future orders until arrears have been fully settled and the outstanding amount has been paid in full.
5.5 In the event of late payment, interest on arrears shall automatically accrue in accordance with Legislative Decree 231/2002.
6. Warranty and compliants
6.1 Terms: FM FILTER MONZA SRL guarantees the mechanical operation of the products for a period of 12 months from delivery, based on standard working shifts of eight hours per day. For longer shifts, the warranty period is reduced to three months.
6.2 Automotive sector:For products explicitly intended for use in the automotive sector, FM FILTER MONZA SRL provides a warranty of 24 months from the date the product is first put into service, provided such commissioning takes place within ten years of the product’s manufacture or placing on the market by FM FILTER MONZA SRL. Once this 10-year period has elapsed from the date of manufacture, the warranty no longer applies.
Please note that this 24-month warranty is provided by FM FILTER MONZA SRL on a commercial and voluntary basis, in line with established automotive sector practice and the statutory warranty of conformity that manufacturers and retailers are required to provide to end consumers under Articles 128–135 of the Consumer Code. This statutory guarantee applies exclusively to relationships with end consumers who are natural persons, and does not apply directly to B2B relationships between FM FILTER MONZA SRL and the customer. The latter are governed by these General Terms and Conditions of Supply, and by Articles 1490 et seq. of the Civil Code on a residual basis.
The 24-month voluntary warranty granted herein does not constitute an extension of the statutory warranty referred to in the Consumer Code, nor does it constitute a waiver by FM FILTER MONZA SRL of the safeguards and limitations of liability set out in these GTCs.
Any customer claiming under this warranty must provide suitable documentation certifying the date on which the product was first put into service.
6.3 Exclusions: The warranty does not cover natural wear and tear, misuse, poor maintenance, unauthorised modifications, or products that have not been paid for in full.
6.4 Apparent defects must be reported in writing within eight days of delivery; otherwise, the right to claim shall lapse. Hidden defects must be reported in writing within eight days of discovery, otherwise the right to claim shall lapse. Notwithstanding Article 1495 of the Italian Civil Code, the right to bring legal proceedings for defects shall lapse six months after delivery of the goods in any event.
6.5 Limitation of liability: FM FILTER MONZA SRL’s liability is limited solely to the replacement of defective parts. Claims for a price reduction, termination of the contract, or compensation for production downtime, damage to third parties, consequential loss, or loss of profit are excluded, except where mandatory limits are provided for in Article 1229 of the Italian Civil Code in cases of wilful misconduct or gross negligence.
6.6 Procedure: Transport costs for returns shall be borne by the customer and will only be reimbursed if the defect is found to be attributable to FM FILTER MONZA SRL. FM FILTER MONZA SRL shall organise and manage the technical analysis of the returned product, including through the use of third-party laboratories or its own suppliers. The Customer shall be charged for the related costs if the defect is not found to be attributable to the manufacturing process.
7. Industrial property and confidentiality
7.1 Any drawings, moulds, samples, technical specifications or know-how provided by FM FILTER MONZA SRL remain its exclusive intellectual property.
7.2 The Customer undertakes to keep such data confidential, not to copy or disclose it to third parties, and to return it within 48 hours of a written request.
8. Retention of title
8.1 Pursuant to Article 1523 of the Italian Civil Code, the delivered products shall remain the exclusive property of FM FILTER MONZA SRL until the Customer has made full payment of the total price and any ancillary charges.
8.2 Until full payment has been made, the Customer undertakes not to transfer ownership of the products to third parties, nor to create any security interests in them. However, this clause does not prevent the customer from using, processing or reselling the products in the course of their ordinary business activities, provided that they pay the full price within the agreed time limits. In the event of the Customer defaulting, FM FILTER MONZA SRL may take action to reclaim the products in accordance with Article 1525 of the Italian Civil Code or claim damages.
9. Termination and withdrawal
9.1 An order confirmed by FM FILTER MONZA SRL is irrevocable for the customer. Any requests for amendments or cancellations must be approved in writing by FM FILTER MONZA SRL prior to the commencement of production.
10. Governing law and jurisdiction
10.1 These General Terms and Conditions of Supply and individual contracts are governed exclusively by Italian law. The application of the 1980 Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.
10.2 Competent Court: In the event of any dispute arising from the interpretation, performance or termination of these terms and conditions or individual contracts, the court at the registered office of FM FILTER MONZA SRL shall have exclusive and mandatory jurisdiction over the Customer. However, FM FILTER MONZA SRL reserves the right, for the protection of its rights (including the recovery of debts), to bring legal proceedings before the court in the jurisdiction where the Customer has its registered office, place of residence or assets, whether in Italy or abroad.
11. Processing of personal data (privacy)
11.1 The personal data of the parties shall be processed for purposes related to the performance of the contract, in accordance with EU Regulation 2016/679 (GDPR) and as specified in the company’s privacy policy, which is published on the official FM FILTER MONZA SRL website.
11.2 Data processing is carried out for administrative and accounting purposes related to the performance of the contract (e.g. invoicing, order management and tax compliance), and on the basis of the data controller’s legitimate interests (soft spam – Article 130(4) of the Privacy Code and Article 6(1)(f) of the GDPR) for sending company communications (e.g. price list changes, company closures during public holidays or the summer) via email marketing platforms (e.g. SendPulse), whilst always guaranteeing the customer the right to object (opt out) at the bottom of each message. For further information, please refer to the Privacy Policy available on the FM FILTER MONZA SRL website at fmfilter.com/en/privacy.
12. Final clauses
12.1 These GTCs constitute the entire agreement between the parties in relation to the supply of goods and services and supersede any previous agreement or understanding, whether verbal or written.
12.2 The invalidity or ineffectiveness of one or more clauses of these GTCs shall not render the entire contract invalid. Any invalid or unenforceable clauses will be replaced by the applicable mandatory legal provisions, where possible. In all other cases, the parties undertake to renegotiate the invalid clause in good faith to find a solution that achieves the same economic and legal result as the replaced clause, as far as possible.
12.3 FM FILTER MONZA SRL reserves the right to amend these General Terms and Conditions of Supply at any time by publishing the amendments on its website. The amendments shall apply exclusively to contracts concluded after the date of publication. Contracts already concluded shall continue to be governed by the version of the GTCs in force at the time of conclusion.
12.4 These General Terms and Conditions of Supply are published on the FM FILTER MONZA SRL website fmfilter.com/en/term-of-use and form an integral part thereof.
Governing language: This document is a translation of the Italian original and is provided solely for the convenience of clients who do not speak Italian. This translation has no independent legal effect; the contract is and will remain governed exclusively by Italian law and jurisdiction. In the event of any discrepancy, contradiction or inconsistency between this English translation and the Italian original, the Italian version shall prevail in full and for all purposes, including with regard to the specifically approved clauses listed above fmfilter.com/condizioni-generali-di-fornitura/