General Terms and Conditions

1. Offers

  • Offers that do not contain an acceptance period are non-binding.

2. Contract Conclusion

  • The contract is considered concluded when we have confirmed your acceptance in writing after receiving an order. Oral agreements are valid only if they have been confirmed in writing.

3. Scope and Execution of Delivery

  • Our order confirmation is decisive for the scope and execution of the delivery. Materials or services not included in it are charged separately.

4. Technical Documents

  • Technical documents such as drawings, descriptions, illustrations, and possible weight specifications are, unless expressly stated as binding, only approximately decisive; necessary changes are reserved by us.
  • Technical documents are to be treated confidentially by the buyer. They remain our intellectual property and may not be copied, reproduced, disclosed to third parties, or used for the production of the work or its components. They may be used for maintenance and operation. Any documents related to offers that do not lead to an order must be returned to us upon request.

5. Regulations at the Place of Destination

  • The buyer must inform us of the legal, administrative, and other regulations that must be observed when fulfilling the contract.

6. Price

  • Our prices are understood to be net ex-works, without packaging, in freely available Swiss francs, without any deductions. All additional costs such as packaging, freight, insurance, export, transit, import, and other permits, as well as certifications, are to be borne by the buyer. The buyer also bears all types of taxes, duties, fees, and customs duties. If we include the costs for packaging, freight, insurance, and other ancillary costs in our offer or delivery price or specify them separately in the offer or order confirmation, we reserve the right to adjust our rates accordingly if tariffs change.
  • Price adjustments after contract conclusion will be made if:
    • Variable prices have been agreed upon,
    • Subsequent delivery extension occurs for one of the reasons specified in section 92,
    • The scope of the agreed deliveries or services has changed, or
    • The material or execution undergoes changes because the documents provided by the buyer did not reflect the actual conditions or were incomplete.

7. Payment Terms

  • Payments are to be made by the buyer in Burgdorf without any deductions such as discounts, expenses, taxes, and fees, according to the conditions contained in the order confirmation. The payment obligation is fulfilled when Swiss francs are made freely available to us in Switzerland. If partial deliveries are invoiced, payment must be made according to the agreed payment terms for each individual delivery.
  • Payment deadlines must also be adhered to if transport, delivery, assembly, commissioning, or acceptance of the delivery is delayed or made impossible for reasons beyond our control. It is inadmissible to reduce or withhold payments due to complaints, claims, or set-offs not recognized by us. Payments are also to be made if insignificant parts are missing, but the use of the delivery is not made impossible, or if remedial work is necessary on the delivery.
  • If the buyer does not adhere to the agreed payment dates, they must pay default interest from the due date without special notice, which is based on the interest rates customary at the buyer's domicile, but at least 4 percent above the respective discount rate of the Swiss National Bank, unless a higher interest rate is agreed upon. By paying default interest, the obligation to make contractual payments is not lifted.

8. Reservation of Ownership

  • The materials delivered by us remain our property until full payment. The buyer is obliged to cooperate in any measures required to protect our property.

9. Delivery Time

  • The delivery time begins as soon as the contract is concluded, all official formalities such as import and payment permits are obtained, the payments to be made upon ordering and any securities are provided, and the essential technical points are clarified. It is deemed met when the delivery is ready for shipment at the factory.
  • The delivery time is suitably extended: a) If we do not receive in due time the information necessary for executing the order or if the buyer subsequently changes it, causing a delay in delivery; b) If obstacles occur that we cannot avert despite exercising due care, such as epidemics, mobilization, war, riots, strikes, lockouts, significant operational disruptions, accidents, labor disputes, delays or errors in the supply of necessary raw materials, semi-finished or finished products, rejection of important workpieces, official or other measures of any kind, transport obstacles, natural events; c) If the buyer is in arrears with work to be performed by them or with fulfilling their contractual obligations, particularly if they do not adhere to the payment terms.
  • A penalty for late delivery requires a special written agreement. It can only be claimed if the delay is demonstrably caused by us and only if the buyer can prove the damage incurred. If the buyer is helped with a replacement delivery, the claim to a penalty lapses.
  • Any penalty can amount to a maximum of ¼ percent for each full week of delay, but not more than 5 percent in total, calculated on the ex-works sale price of the delayed part of the delivery (i.e., excluding all expenses for packaging, customs, fees of any kind, assembly, etc.). For delivery times of more than 5 months, the buyer has no right to a penalty for the first two weeks of delay. In case of delayed delivery, the buyer has no right to claim damages or to withdraw from the contract.

10. Examination and Acceptance of Delivery

  • Delivery inspection before shipment is carried out according to our relevant testing regulations at our expense. More extensive tests must be agreed upon separately at contract conclusion and borne by the buyer.
  • The buyer must examine the delivery within a reasonable period and immediately notify us in writing of any defects for which we are liable based on our contractual obligations. If they fail to do so, the delivery is deemed accepted.
  • Acceptance tests occur only if agreed upon in writing with the buyer. They are conducted in our workshops as far as circumstances allow. If it is not possible to conduct them within the stipulated period for reasons beyond our control, the properties to be determined by these tests are considered to be present.
  • If the delivery proves non-compliant during one of the above tests, the buyer must promptly allow us the opportunity to remedy the defects.
  • Further rights of the buyer due to defective delivery, particularly claims for damages and contract withdrawal, are excluded.

11. Packaging

  • Packaging is only taken back by us if indicated as our property. In such cases, it must be returned to us carriage paid.

12. Transfer of Benefit and Risk

  • Benefit and risk transfer to the buyer at the latest upon delivery departure from the factory, even if the delivery is made franko, CIF, FOB, or under similar clauses or includes assembly, or if transport is organized and managed by us. If dispatch is delayed or made impossible for reasons beyond our control, the delivery is stored at the buyer's expense and risk.

13. Transport and Insurance

  • Special requests regarding dispatch and insurance must be communicated in a timely manner. Transport is at the buyer's expense and risk. Complaints related to transport must be immediately addressed to the last carrier upon delivery or receipt of freight documents.
  • The buyer is responsible for insuring against any type of damage, even if this is arranged by us. It is considered concluded on behalf and for the account and risk of the buyer.

14. Assembly

  • If we also undertake the assembly, the General Assembly Conditions of the Association of Swiss Machinery Manufacturers (VSM) additionally apply.

15. Warranty

  • We undertake to repair or replace parts of our delivery that are demonstrably defective or unusable due to poor materials, incorrect design, or faulty workmanship during the warranty period upon the buyer's written request. Replaced parts become our property.
  • We only cover costs incurred by the repair or replacement of defective parts in our workshops. If defective parts cannot be repaired or replaced in our workshops for reasons beyond our control, all additional costs are borne by the buyer.
  • Further rights of the buyer due to defective delivery, especially claims for damages and contract withdrawal, are excluded.
  • The warranty period is 12 months, or 6 months for day-and-night operation. It begins with readiness for shipment, or upon assembly completion if undertaken by us. If dispatch, assembly, or commissioning is delayed for reasons beyond our control, the warranty period ends at the latest 18 months after shipment readiness.
  • For replaced parts, the warranty period starts anew but ends at the latest 24 months after commencement for the main delivery or, if dispatch, assembly, or commissioning is delayed for reasons beyond our control, no later than 30 months after shipment readiness of the main delivery.
  • Damage due to natural wear, inadequate maintenance, disregard for operating instructions, incorrect operation, excessive strain, unsuitable operating resources, chemical influences, sand-containing, incrustating, or contaminated water, corrosion, erosion, cavitation, and the like as well as faulty foundational, constructional, and assembly work not performed by us are excluded from the warranty.
  • The warranty expires if the buyer or third parties make changes or repairs to the delivery without our written consent or if the buyer doesn't take appropriate measures to prevent damage from worsening and enable us to rectify the defect.
  • If the buyer does not assert specific claims from the warranty in writing before it expires, we are relieved from our obligations.
  • For external supplies, we assume warranty only within the framework of the subcontractor's warranty obligations.

16. Liability

  • We commit to performing the delivery in accordance with the contract and fulfilling our warranty obligations. Any further liability towards the buyer for any damage is excluded.
  • In particular, there is no liability for indirect or consequential damages such as, but not limited to, loss of income, profit loss, usage loss, capital loss, production loss, or costs related to operational interruption.

17. Place of Performance

  • The place of performance for both the buyer and us is Burgdorf, even if the delivery is made franko, CIF, FOB, or under similar clauses. If we have also undertaken assembly, the installation site is considered the place of performance only concerning our assembly obligations.

18. Jurisdiction and Applicable Law

  • The jurisdiction for both buyer and us is Burgdorf. However, we also reserve the right to call upon the competent court in the buyer's country.
  • The legal relationship is subject to Swiss law.

19. Validity

  • These General Delivery Conditions apply in all respects unless mutually agreed otherwise in writing. Special conditions of the buyer that contradict these General Delivery Conditions only apply if we have agreed to them in writing.

20. Telemetry Data

  • JENSEN systems contain remote access functionalities that provide JENSEN with information about your system and its usage. This functionality, sometimes referred to as telemetry, does not provide JENSEN with personal and/or personally identifiable data and information. It provides JENSEN solely with data and information about equipment, machines, systems, performance, function usage, and error codes. JENSEN uses and processes this information, in particular, only for service purposes:
  • To gain insight into the use of JENSEN devices by its customers;
  • To analyze the data and information to monitor machine performance and explore opportunities to improve future versions of JENSEN systems;
  • To analyze and process the obtained information and to inform customers about performance issues or upcoming recommended or required maintenance work.
  • This functionality is enabled by default. For more information about this feature, including information on how it can be disabled, please contact your local sales support. If the customer does not request deactivation of telemetry data at the order confirmation, the customer's consent is considered granted until further notice. Telemetry data is not shared or disclosed to third parties outside the JENSEN-GROUP NV and its subsidiaries without the customer's prior consent and is used and processed solely for the purposes described above within this framework.