Terms of Service

TERMS OF SERVICE



The following Terms of Service ("Terms") are applicable in all equipment sales and services by Jensen & Nowak ("Seller"). By using this site and/or purchasing from us, you agree to be bound by the Terms herein including those contained inaccompanying documents from the Seller.


1. General Information


All goods are sold on an "As Is", "Where Is" and "As Available" basis. The information, descriptions, specifications and images provided on this site, quotations and/or other material are for providing general information only and may not be used as technical, safety or legal advice. Reliance on such information is at own risk. While we endeavour

to ensure, to an extent possible, the accuracy and completeness of information, the buyer ("Buyer") is responsible for inspecting goods to ascertain they are fit for purpose. The Seller therefore makes no representations or warranties, express or implied, about the accuracy, suitability, availability, or completeness of goods and information provided on this site. The Seller reserves the right to modify information on this site at any time without prior notice.



2. Condition of Goods


2.1 The Buyer understands that all goods listed for sale on this site, unless explicitly described otherwise, are used and/or refurbished. Goods may have signs of normal wear or imperfections that do not necessarily alter the function of equipment. Where goods have been subject to modification by a third-party, the Seller shall not be liable for such alteration.


2.2 The sale of goods does not include equipment reconditioning. A request by the Buyer for the reconditioning of goods prior to purchase or delivery does not form part of the sale agreement. Therefore, any reconditioning work requested by the Buyer and undertaken by the Seller shall be subject to different terms as agreed upon between the parties (Seller and Buyer) and reduced to writing.



3. Orders and Delivery


3.1 Orders are only complete on full payment of the total sale price and only then will the Seller release the goods to the Buyer. Goods are ready for delivery within

reasonable time and subject to availability, when an order has been completed in full. The Seller reserves the right to refuse or cancel any order. In the event of cancellation of an order, the Seller may attempt to contact the Buyer through contact information (email or telephone) provided by the Seller upon placing the order. Where goods in the custody of a third-party are unavailable for delivery within a reasonable time, the Seller shall cancel the order and refund the Buyer. The Buyer acknowledges that such refund, shall be their sole remedy and that the Seller shall not be liable for any claims arising from failure to deliver goods as a result of actions of a third-party.


3.2 All equipment shall be delivered ex-works unless agreed otherwise in writing. Once ready for delivery, goods are made available to the Buyer or their nominated carrier at a location of business designated by the Seller. Unless agreed otherwise and reduced to writing, the Buyer is responsible for the delivery of goods and all related costs that include, but not limited to, packaging, insurance, freight and duties. The Seller has no obligation to arrange transport for the delivery of goods but may offer such service upon requests from the Buyer in which case the buyer remains liable for all transportation and related costs.


3.3 All risk involved in the delivery or transportation of goods transfers to the Buyer upon the goods being made available to the Buyer or their nominated carrier. Any delivery claims for loss, damage or delays encountered after the acceptance of goods by the carrier or due to the carrier's failure to accept goods must be filed with the carrier and not the Seller.


3.4 The delivery of goods maybe subject to European Union laws, export control and customs regulations. Where licences or government authorisation is required prior to delivery, all parties shall comply by providing information, documentation and assistance as may reasonably be required. Failure of the Buyer to provide all necessary information to effect delivery within reasonable time shall entitle the Seller to cancel the Agreement or part thereof. Costs incurred in the event of such cancellation shall be for the Buyer's account.


4. Payment


4.1 Payment for goods shall be made in the currency in which the goods have been quoted (as per the quotation). Where a different currency is used to effect payment,  the amount paid must be equivalent to the purchase price on quote and free from any charges. Once a deposit has been made, the Buyer is expected to timely settle the balance due as agreed in writing. No payment, in full or in part, may be withheld by the Buyer to set-off any claims with the Seller.


4.2 When a Buyer has made a deposit payment towards the sale of goods but fails to settle the balance within the agreed period, they (Buyer) shall be held in default. A 1% interest per month, for default, shall apply on the outstanding amount due as from the due date. If the Seller engages counsel and/or pursues legal action to recover payment, all legal and extrajudicial costs incurred, in addition to the balance due and other moneys owing, shall be for the Seller's account.


5. Disclaimer of Liability and Warranties


5.1 All goods are sold "AS IS", "WHERE IS" and "AS AVAILABLE" in their present condition, with faults, whether latent or apparent and on condition that the goods remain available. No refurbishment, testing or calibration is included unless agreed otherwise and expressly stated in writing. Documentation of goods such as manuals may be provided by the Seller if available.


5.2 The Seller expressly makes no representation or warranty, express or implied, including but not limited to warranties of merchanability or fitness for a particular purpose with regard to the goods for sale.


5.3 The Buyer is given an opportunity to conduct an on-site inspection of goods to assert that the equipment specifications and condition is fit for purpose. By placing an order, the Buyer accepts the existing condition of the equipment as is. The Seller shall not be held responsible for any consequences resulting from the Buyer's failure to inspect equipment.


5.4 The Buyer understands that the qoods have been used by a party other than the Seller and acknowledges that equipment may contain hazardous chemicals and other material that could directly or indirectly be hazardous to health, life or property. The Seller is therefore not liable for the presence of any such chemicals or material. 


5.5 It is the Buyer's responsibility to obtain up-to-date manuals containing operation instructions from the original manufacture to ensure proper and safe use of equipment. Professional installation and operation of equipment is recommended. The Seller is not liable for any loss or injury resulting from defects or improper use of goods.


6. Force Majeure


The Seller shall not be liable for failure to perform or fulfill the terms of sale (Agreement) where delay, interference or hinderance to perform results from an event or circumstances outside of the Seller's control. The Seller shall inform the Buyer of circumstances preventing them from fulfilling their obligations within seven (7) days of being aware of the event and inability to perform. Where an event of Force Majeure continues for over six (6) consecutive months, either party shall be entitled to terminate the Agreement of sale or delivery in writing.


7. Governing Law and Disputes


7.1 The Agreement shall be governed in accordance with the Laws of Denmark. International Convention terms governing the sale of movable goods are excluded to an extent possible.


7.2 In the event of disputes arising from breach, performance and validuty of agreement, parties shall attempt to amicably resolve the dispute. If parties fail to resolve the dispute, these Terms of Service shall be construed in accordance with the laws of Denmark. Competent Danish Courts shall have exclusive jurisdiction except where EU regulations provide otherwise.


8. Contact Information

For any queries on the above Terms of Service, you may reach us on info@jnseparation.dk