Introduction

Our sales are subject only to the conditions specified in our Order Confirmation and annul any printed or verbal clauses in the purchaser’s order or correspondence. All orders sent to Varem S.p.A. imply acceptance and observance by the purchaser of the hereunder General Sales Conditions.

1. Orders and delivery terms

The sales contracts are understood to be always carried out at any one of the Varem’s plants, regardless of where the order has been accepted. Orders placed by the purchaser or by any other type of intermediary are always subject to approval by Varem. Said approval is given when the Order Confirmation is sent. Upon receipt of the Order Confirmation, the purchaser is required to check all the data given and to immediately communicate any discrepancies with respect to the order placed.
The text of our Order Confirmation will prevail in any case over any other offers or orders and is considered accepted to all effects if no complaints are received from the purchaser within a maximum of 3 days from the confirmation date.
A tolerance of ± 10% with respect to the overall quantity ordered is permitted in the fulfilment of the order, unless an agreement has been reached and is quoted in our Order Confirmation, without this giving rise to price variations.

2. Shipment of goods

Shipments are normally carried out by Varem S.p.A. in accordance with the procedures specified in the Order Confirmation.
If the purchaser withdraws the goods, said purchaser is to withdraw the goods from our warehouses on the date they are made available from our services. Once 3 days have passed from the date of communication of the goods being ready for delivery without the purchaser withdrawing the orders, Varem S.p.A. is entitled to deliver the goods, charging the purchaser with transport costs.
Prior to sending a vehicle for the withdrawal of the goods, the purchaser is obliged to agree with the Varem S.p.A. Dispatching Department on the time and place of loading.

3. Transfer of ownership and risks

Unless agreed differently, with said agreement written on the Order Confirmation, ownership of the goods is transferred to the purchaser only and exclusively at the time of loading onto the carrier. Consequently the goods travel at the purchaser’s risk.
Any problems arising from damage during transport and/or delays of any kind cannot be attributed to Varem S.p.A. Any reservations and/or complaints connected with transport must be made by the purchaser to the carrier (as Varem S.p.A. is not responsible for whatever happens to the order once it leaves its premises).

4. Packing

Varem S.p.A. will provide for packing according to its experience and methods normally adopted.
The use of special packing or exclusion of such must be explicitly requested by the purchaser at the time of the order and will be subject to negotiation with regards to cost.

5. Delivery terms

The preparation, shipment and/or delivery times resulting from our Order Confirmation are only a guide and are not firm. The purchaser will decline the right to claim compensation for damages or termination, full or partial, of the contract. In all cases of lack of materials, electricity, machinery breakdown, interruptions in transport services, staff agitation, public calamities, etc., Varem S.p.A. is exempt from all responsibilities for failure or delayed delivery.

6. Payment conditions

Payment of our goods must be made net of all expenses, discounts and taxes in the terms agreed and given in our Order Confirmation. The place of payment, as well as the issue of bills of exchange and receipts, are to all effects the domicile of Varem S.p.A.
Failure or delayed payment of our invoices will not only lead to interest charges, but will also lead to the advance payment of remaining invoices and to the suspension or cancellation of the performance of the other contracts in progress without the purchaser having the right to claim compensation or indemnity.

7. Prices

The prices agreed or given in the sales confirmations are net of any charges and, if not otherwise specified, are ex-works Varem S.p.A.
Any variations in costs, particularly of raw materials and labour, substantially affecting the price of product, which occur during the fulfilment of the contract, will authorize Varem S.p.A. to revise prices in proportion to the increase. Varem S.p.A. also has the right to revise prices when the delivery term is extended by the purchaser beyond the date already established by Varem S.p.A.

8. Complaints

Complaints concerning quality or quantity, or goods not corresponding to our Order Confirmation, must be forwarded upon receipt of the goods, specifying the differences found in the transport document, and subsequently confirmed by registered letter within 7 days from receipt.
If the complaint is promptly and properly forwarded, and considered to be founded after inspection by our technicians, Varem S.p.A.’s obligations are confined to replacement or integration of the goods at the same place of delivery of the original supply after return of the mistaken goods; except for all rights on the part of the purchaser to demand termination of the contract. Complaints and protests do not give the purchaser the right to suspend payment of the invoice for the goods in question.

9. Warranty

A credit note will be issued for all tanks made in two years prior to the current and that have been accepted as defective by Varem Spa. The warranty does not apply if the defect is due to use of the tank other than those specified in the authorized price list / catalogue or if the indicated maximum pressure and/or temperature values have been exceeded. All faulty tanks must be returned to Varem S.p.A., Limena at the expense of the sender. Return shipment is made free of charge to Varem S.p.A. wholesaler.
No extra cost will be acknowledged for faulty tanks (assembly – disassembly – transport – labour – etc.) besides the cost of the non-conforming product. We reserve the right to carry out, without advance warning, all the changes that in our judgment represent an improvement of the product. Tolerance of the pre-charges is ± 0,2 bar of the specified value for the first 6 months from the date of production.

10. Jurisdiction

The Court of Padua will be exclusively empowered to settle any disputes arising from the sales of contracts concluded by Varem S.p.A.

11. Pressure tanks are subject to different norms and regulations in the countries where they are installed. The purchaser is responsible for respecting such norms and for using the proper models. Varem S.p.A. totally declines any responsibility from any case where a tank has been mistakenly used. Varem S.p.A. is not responsible for any typographical or translation errors.