General Sales Conditions


JENSEN shall have the right to ship parts constituting the equipment covered by its quotation as or after they are separately completed.


The time of delivery stipulated in JENSEN's quotation is an estimate and is subject to Purchaser's compliance in full with all the obligations undertaken by the Purchaser in accordance with JENSEN's quotation.


The payment condition stipulated in JENSEN's quotation is based on the attached proposal. JENSEN USA will impose a late payment charge of 1 1/2% per month (18% annual rate) for all delinquent payments received after 30 days from invoice date.


Unless otherwise expressly provided in JENSEN's quotation, passing of title to equipment and parts shall be F.O.B. the factories at which the particular parts are shipped from even if freight and insurance may be prepaid or allowed to destination by JENSEN. If shipment is postponed for any reason beyond JENSEN's control, title shall pass upon written notification by JENSEN to Purchaser that the parts or parts of the equipment are ready for shipment.


Equipment and parts on which manufacture or delivery is delayed due to any cause within Purchaser's control or due to strikes, accidents or any other cause beyond JENSEN's control, may be placed in storage by JENSEN for Purchaser's account and risk, and all expenses in connection therewith shall be paid in full by Purchaser upon receipt of JENSEN invoices.


It is JENSEN's practice to offer the services of its experienced service engineers to supervise the installation of its equipment, and to assist with its starting up and initial operation. The service engineers are not authorized to perform any other duties or to incur, waive or modify any obligations or rights on JENSEN's behalf. The charges for such service personnel will be supplied on request.


Warranty Term. Unless otherwise stated in quotation, JENSEN warranty is one year from shipment invoice or 2080 operating hours (which ever comes first).

Warranty Conditions. JENSEN warrants title to all parts and equipment furnished under its quotation. JENSEN warrants that any part or equipment of its manufacture which is proven to its satisfaction to have been significantly defective in design, workmanship or materials, or not in accordance with the specifications of its quotation at the time of such passage of title will be replaced free of charge F.O.B. point of shipment, provided notice in writing has been received by JENSEN immediately after such alleged defect or failure to conform has been discovered. Any such replaced part shall become JENSEN's property and needs to be returned within 30 days of issuance of Return Merchandise Authorization number (RMA). JENSEN shall have no obligation or liability for equipment which has been improperly stored, handled, installed, operated, maintained, subjected to abnormal conditions of temperature, moisture, abrasion or corrosion or which has been altered/repaired by others without the written approval/consent of JENSEN. Insofar as equipment or parts not manufactured by JENSEN may be concerned, JENSEN agrees and shall be bound only to assign to Purchaser whatever relevant warranty if any, the sub-supplier thereof may have made to JENSEN. Correction of nonconformities in the manner provided above shall constitute the entire liability of JENSEN with respect to such equipment unless otherwise expressly set forth on the face of JENSEN's quotation (including these General Conditions). This warranty does not cover wear and tear or consumable items, such as oil, belts, gaskets, hoses, seals, ironer covers, press cushion etc.

Patent Infringement. As far as machinery and apparatus of JENSEN's manufacture and design are concerned, it warrants that it will hold and save the Purchaser harmless from any liability, including costs and expenses, arising from any claim of infringement of a machine or apparatus patent by reason of the use by the Purchaser of such machinery and apparatus for the purpose as set forth in the specification. This provision does not apply to a claim of infringement of a process patent or a combination patent covering the use of machinery and apparatus in combination with other equipment not furnished by JENSEN. The indemnity herein undertaken is conditioned upon the Purchaser promptly furnishing JENSEN with full written details of any and all infringement claims based on the Purchaser's use of such machinery and apparatus as are brought to the Purchaser's attention, and of any and all suits instituted against the Purchasee for infringement based on the Purchaser's use of such machinery and apparatus. The said indemnity is also conditioned upon the Purchaser permitting JENSEN to defend any such suits by JENSEN's counsel, at JENSEN's expense, and to have the exclusive control and management of such defense, including the right to settle such suits, and upon the Purchaser assisting JENSEN, at JENSEN's expense, by furnishing such evidence relative to the use of the machinery and apparatus and other matters of fact relating thereto as may be required by JENSEN in the defense of such suit and by executing and furnishing JENSEN such documents as may be needed to effect settlement or other disposition of such claim or suit.

General Limitations. JENSEN shall not be liable for an injury in any manner or to any extent due to delays caused by strikes, accidents, lockouts, casualties, delays of carriers or any other event beyond JENSEN's commercially reasonable and practicable control.

THERE ARE NO WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR USE, PERFORMANCE, CONFORMANCE TO JENSEN QUOTATION SPECIFICATIONS, OR OF ANY OTHER NATURE WHATSOEVER IN FACT OR IN LAW EXCEPT AS PLAINLY AND EXPRESSLY SET FORTH ON THE FACE OF JENSEN'S QUOTATION (INCLUDING THESE GENERAL CONDITIONS). JENSEN shall not be liable for and Purchaser assumes the responsibility for all personal injury and property damage to itself or to any third parties resulting from installation, possession or use of the services (including those described in Section V hereof), equipment and parts as supplied by JENSEN. Purchaser shall have no remedy against JENSEN in connection with or arising out of the services, designs, equipment or materials furnished by JENSEN except as set forth in JENSEN's quotation (including these General Conditions). JENSEN will not be liable for consequential or incidental damage including, but not limited to, costs in excess of estimated costs, loss of interest, earning, profit, use or business interruption or any other special, indirect, incidental or consequential damages or any kind, howsoever caused and whether due to breach of contract, tort including negligence, strict or product liability, or otherwise. Purchaser expressly releases JENSEN, its affiliates and their directors, officers and employees as well as its sub-suppliers from claim or demand for any such damage or expense. If Purchaser sells any part or all of the equipment, parts or materials supplied by JENSEN, it will require its Purchaser to agree on its own part in a duly executed writing to the above LIMITATIONS upon liabilities and will immediately deliver said instrument to JENSEN. In case of irresolvable conflict, the provisions of these General Conditions shall govern over other portion of JENSEN's quotation.


JENSEN's specifications are based on its standard design and construction described in its quotation for the specified size and type of equipment. If JENSEN has difficulty in obtaining any of the parts or in obtaining satisfactory delivery from its vendors, it reserves the right to make any such modification or substitution as it may find necessary. Any such parts would, in JENSEN's judgment, at least be equivalent to the parts originally specified.


In accordance with JENSEN's normal procedure, it will where required issue drawings for approval; such approval shall not be unreasonably withheld. Drawings are limited to those pertaining to installation of the equipment, electrical and pneumatic diagrams when appropriate but do not include detailed drawings of the machinery or construction drawings.


Applicable sales, use or other retail excise taxes, and any custom or import duties payable under any applicable law or laws by reason of the sale and delivery of equipment to the Purchaser, by JENSEN or by suppliers on its behalf, are not included in the prices quoted and charged under this contract.


No order is binding on JENSEN until accepted by JENSEN in writing at its office, and thereafter the contract shall not be subject to any modification unless in writing and signed by Purchaser and JENSEN. The contract shall be governed by the laws of the State of Florida. The prevailing party in any lawsuit arising out of or relating to the interpretation and/or enforcement of this Agreement shall recover all costs, expenses, disbursements and reasonable attorneys' and expert fees incurred in such lawsuit. The prevailing party shall also recover all costs of collection in connection with this Agreement, including, but not limited to reasonable attorneys’ fees and costs.