Last updated: Aug 21, 2023 10:54 AM

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the www.jensenprecast.com Website (the "Website") operated by Jensen Enterprises, Inc. dba Jensen Precast, a(n) Corporation formed in Nevada, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

A. PROHIBITED USES OF THE WEBSITE

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Jensen Enterprises, Inc. dba Jensen Precast or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

B. No warranty on Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

C. AVAILABILITIES, ERRORS, AND INACCURACIES

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

D. Damages and limitation of liability

In no event shall Jensen Enterprises, Inc. dba Jensen Precast be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Jensen Enterprises, Inc. dba Jensen Precast has been advised of the possibility of such damages.

This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Jensen Enterprises, Inc. dba Jensen Precast.

E. LINKS TO THIRD PARTY WEBSITES

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

F. Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2022 - 2024 Jensen Enterprises, Inc. dba Jensen Precast or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Jensen Enterprises, Inc. dba Jensen Precast and are either registered trademarks, trademarks or otherwise protected intellectual property of Jensen Enterprises, Inc. dba Jensen Precast or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Jensen Precast at info@jensenprecast.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Jensen Enterprises, Inc. dba Jensen Precast
Jensen Precast
info@jensenprecast.com
775-352-2700
9895 Double R Blvd
Reno, NV 89521
United States

G. CODE OF CONDUCT

We at Jensen Precast expect only the highest standard of professional behavior and conduct from every employee. We expect Managers and Supervisors to have exceptionally high standard of conduct in dealing with fellow employees, customers, vendors, and all people we come in contact with. We will not tolerate harassment, ridicule, foul language, tantrums, insults, belittlement, intimidation, violence, shouting, or any form of unprofessional, unethical, or illegal conduct directed at anyone. We will treat every person with fairness, dignity, and respect.

H. GOVERNING LAW, SEVERABILITY, DISPUTE RESOLUTION AND VENUE

These Terms shall be governed and construed in accordance with the laws of the state of Nevada, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Washoe County County, Nevada.

You and Jensen Enterprises, Inc. dba Jensen Precast agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

I. CHANGES TO TERMS OF SERVICE

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

J. TERMS AND CONDITIONS OF SALE

Ordering Instructions

Please refer to the quotation number and date on all orders. Indicate desired delivery dates, quantities and item priority if applicable. Please contact our office for delivery schedules. Delivery lead-time will be estimated upon receipt of order, and is based on actual demand at that time. Any dates discussed prior to order are non-binding estimates. Orders for non-standard products should be accompanied by specifications, and blue prints or scale drawings. Notify us as soon as possible to insure prompt delivery.

Company Policies Terms and Conditions

THE POLICY TERMS AND CONDITIONS, DELINEATED HEREIN SHALL APPLY TO ALL QUOTATIONS, OR OFFERS TO SELL

1. Goods to Be Provided: Jensen Enterprises, Inc. dba Jensen Precast ("Jensen Precast") agrees to sell to Customer, on the terms and conditions stated herein, the materials and related items (the "goods") identified in Jensen Precast's quotation to Customer. Customer is solely responsible for determining whether the goods listed are the correct types and/or sufficient in number to meet Customer's needs and/or requirements. Jensen Precast's offer to sell is based on customer approval of Jensen Precast standard product drawings or submittals, and not in accordance with any plans and specifications, unless agreed to in writing by a duly authorized representative of Jensen Precast.

2. No Additional Terms of Sale: Customer's acceptance of Jensen Precast's quotation is limited to these Terms and Conditions of Sale. Any new or different terms or conditions stated or proposed by Customer in its acceptance of Jensen Precast's quotation or in any accompanying or related purchase order or other document are hereby rejected by Jensen Precast and shall not be binding upon Jensen Precast. The entire contract is embodied in this writing. This writing constitutes the final expression of the parties' agreement, and it is a complete and exclusive statement of the terms of that agreement.

3. Payment Terms: Jensen Precast may require payment in full prior to manufacture or shipment of any goods. If Jensen Precast agrees to provide materials on a "Cash on Delivery" basis, payment in full is due upon arrival of Jensen Precast's equipment, prior to setting of product or unloading of trucks. Credit sales will be made only after receipt of a signed Jensen Precast credit application and written credit approval by Jensen Precast's credit manager. On all credit sales, payment in full is due within 30 days after Customer's receipt of materials or services. Customer agrees to pay a service charge of 1.5% per month on all invoices not paid when due. At its option, Jensen Precast may decline to make delivery or shipment to Customer if any invoice remains past due. Customer waives and releases any claim against Jensen Precast for loss or damage allegedly sustained by Customer as a result of Jensen Precast's refusal to make delivery or shipment under such circumstances. All payments shall be made in U.S. Dollars and remitted either by an approved ACH transfer, online payment portal or mailed to Jensen Precast’s Corporate Office 9895 Double R Blvd, Reno NV 89521.

By using the online payment portal, you are requesting we attempt to make payments for you from your account. If there are issues with your account (like insufficient funds or the Payment Instruction would exceed the credit or overdraft protection limit of your account), the payment may not be completed. In certain circumstances, we will attempt to debit the account a second time to complete the payment. In some instances, you will receive a return notice from us. In such case, you agree that:

a. You will reimburse us or our service provider immediately upon demand the amount of the payment if we have delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your account;

b. You may be assessed a fee by our service provider and by us if the payment cannot be debited because (i) you have insufficient funds in your account; (ii) the transaction would exceed the credit or overdraft protection limit of your account; or (iii) we cannot otherwise collect the funds from you;

c. You will reimburse us and our service provider for any fees or costs we incur in attempting to collect any amounts from you; and

d. We and our provider are authorized to report the facts concerning the return to any credit reporting agency.

4. Price: The price(s) stated in Jensen Precast's quotation to Customer are firm for 30 days. The prices stated in Jensen Precast's quotation are subject to sales and use tax. Customer shall reimburse Jensen Precast for all sales and use taxes imposed upon: (a) the sale of the goods; and/or, (b) the use of any materials consumed by Jensen Precast; and/or, (c) the sale of any fixtures or equipment incident to this contract. Prices are subject to delivery charges unless quoted as delivered (see shipping code definitions on quotation). Jensen Precast reserves the right to increase the cost of delivery or shipment if Customer increases mileage or number of trucks specified in the original quotation. Prices quoted are based on quantities indicated, and on customer acceptance of the entire quote. Jensen Precast reserves the right to accept or reject partial orders.

5. Time for Performance: Jensen Precast will endeavor to meet any reasonable shipping date(s) requested by Customer. However, Jensen Precast does not guarantee that the goods will be furnished by any particular date. All shipping dates stated or indicated are estimates only and are based upon conditions known at the time the dates were stated or indicated. Jensen Precast shall not in any event be liable for any loss or damage sustained by Customer on account of failure to meet any delivery or shipping date.

6. Delivery: Customer or its designated representative shall be prepared to unload, receive, and accept the goods at the time specified on the order. Customer shall provide assistance in delivering the goods, including but not limited to assisting in backing and directing Jensen Precast's truck at the delivery site, providing access to the delivery site that is acceptable to Jensen Precast, and providing a setting location for the truck, crane or other delivery equipment that is acceptable to Jensen Precast. Jensen Precast shall not be liable for any property damage arising from or related to delivery of the goods, including without limitation damage to sidewalks, curbs, fences, valves, conduit, pipes, concrete, asphalt, lawns, trees, or landscaping. All excessive unloading or stand-by time, resetting or re-delivery will be charged for at the current hourly or mileage rates of the equipment involved. If for any reason Jensen Precast cannot set the goods at the time of delivery, Customer shall be responsible for setting the goods by other means, at no cost to Jensen Precast.

7. Customer Responsibilities: The Customer or its designated representative shall be solely responsible for accomplishing the following:

1. Finish grade, leveling and position of the goods.
2. Grouting and/or sealing of vault sections, grade rings, risers, frames, covers, pipes or similar structures, unless a duly authorized representative of Jensen Precast has stated in writing that Jensen Precast will perform installation and sealing of the goods.
3. Excavation, bedding, shoring, backfilling, compacting and grading.
4. Water and/or flotation control.
5. e. Setting and adjusting ladders, racking, grates or other hardware.
6. f. Providing a one- or two-person ground crew to assist the Jensen Precast crane operator.
7. g. All other site work not specified above.

8. Returns: The goods shall not be returned for credit without prior written authorization and approval by a duly authorized representative of Jensen Precast. A minimum handling charge of 15% plus actual shipping or delivery costs shall be made on all goods returned to compensate for costs of accounting, reconditioning, restocking and delivery, except when due to fault or error of Jensen Precast. No credits shall be allowed on used, damaged, custom, specially ordered or specially manufactured goods. Customer shall bear the cost of any labor, damage or transportation associated with return of the goods.

9. Equipment: Unless otherwise agreed to in a writing signed by a duly authorized representative of Jensen Precast, equipment belonging to Jensen Precast cannot be left at any job site for the purpose of unloading or setting by others.

10. Project Information: Customer agrees to furnish to Jensen Precast promptly upon request all project information necessary for Jensen Precast to perfect or provide notice of its mechanic's lien, stop notice, and/or payment bond rights.

11. Buy America(n) Requirements: Purchaser must clearly and affirmatively notify Jensen Precast of the applicability of any order, law, regulation or other requirement that the Products be produced, manufactured, or substantially transformed in the United States, or consist wholly or partly of materials or components produced, manufactured, or substantially transformed in the United States, or that the raw material comprising the Products be of domestic origin. If Purchaser fails to notify Jensen Precast of any such requirements, Purchaser must accept delivery and pay for the Products, regardless of any such requirements, and Purchaser agrees to fully indemnify and hole Jensen Precast harmless from and against any liability, costs and expenses, including reasonable attorney fees, incurred by Jensen Precast in connection with Purchaser's omission.

12. Force Majeure: Jensen Precast will not be liable for any delay or for failure to perform its obligations hereunder resulting from any cause beyond Jensen Precast's reasonable control including, but not limited to: Customer's failure to timely supply Jensen Precast with necessary data or specifications; any changes in such data or specifications at Customer's request; fires; explosions; floods; acts of God; epidemics; quarantine; embargoes; strikes; work stoppages or slowdowns or other industrial disputes; accidents; riots or civil disturbances; acts of civil or military authorities; inability to obtain any license or consent necessary in respect of any the goods; inability to obtain equipment, materials, labor, fuel or supplies; and delay by suppliers or material shortages.

13. Limited Warranty: For a period of one year from the date of shipment or delivery to Customer, Jensen Precast warrants all of the goods which it has manufactured to be free of material defects. If any such goods are found to be materially defective during the warranty period, Jensen Precast agrees to, in its sole discretion, repair or replace the defective goods without charge to Customer. Customer's remedy with respect to such goods is limited to repair or replacement. For goods not manufactured by Jensen Precast, Customer agrees to accept as its sole remedy the warranty, if any, offered by the manufacturer or manufacturers of such goods.

AS TO ALL GOODS SOLD BY JENSEN PRECAST TO CUSTOMER, THE WARRANTY DESCRIBED IN THIS PARAGRAPH SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JENSEN PRECAST SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER THE CUSTOMER'S CLAIM IS BASED UPON CONTRACT, TORT OR ANY OTHER LEGAL THEORY.

14. Indemnity: Customer is solely responsible for the selection, installation, and use of the goods. Therefore, to the fullest extent permitted by law, Customer agrees to defend and indemnify Jensen Precast from and against any claim for loss or damage, including attorneys' fees and experts' or consultants' fees, arising from or relating to such selection, installation, and use. This indemnity applies regardless of any active and/or passive negligent act or omission on the part of Jensen Precast or its employees; provided, however, Customer shall not be obligated to indemnify Jensen Precast for the sole negligence or willful misconduct of Jensen Precast or its employees.

15. Risk of Loss: The risk of loss shall pass to Customer based on the applicable shipping code:

a. "Delivered and Set": Risk of loss shall pass to Customer when Jensen Precast's delivery truck has unloaded the product.

b. "Delivered - F.O.B. Truck": Risk of loss shall pass to Customer when Jensen Precast's delivery truck arrives at Customer's jobsite.

c. "Delivered and offloaded": Risk of loss shall pass to Customer when Jensen Precast's delivery truck arrives at Customer's jobsite.

d. "F.O.B. Jensen Precast Yard": Risk of loss shall pass upon tender of delivery of the goods to a common carrier or Customer's truck. Buyer shall procure and maintain insurance on the goods sufficient to protect its interests.

16. Dispute Resolution: All disputes arising from or relating to these Terms and Conditions of Sale and/or the furnishing of any goods by Jensen Precast to Customer shall be heard and decided exclusively in the state or federal court where the delivery or pick up of the Product(s) is located. The construction, interpretation and performance of this order and all transactions hereunder shall be governed by the laws of the state where delivery or pick up the Products is located, without regard to its choice of law principles. These Terms and Conditions of Sale (the "Terms") apply to all quotations and sales by Jensen Precast's (including its Water Resources, Metal Tech and other branded products) products, materials, services, components, accessories, and panels (collectively, "Products"). No terms or conditions other than those stated in these Terms, and no agreement or understanding, oral or written, purporting to modify these Terms, whether contained in a purchaser's purchase forms or elsewhere, will be binding on Jensen Precast unless signed by an authorized executive manager of Jensen Precast. Customer consents to these Terms for all Products. In any legal proceedings, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

17. Submittals and Tests: Jensen Precast reserves the right to charge customers for the cost of submittals, engineering or tests that are in addition to those customarily provided.

18. Made for Order, non-standard or Custom Orders: Jensen Precast will charge customer for any work completed at the time of cancellation of a Made for Order, non-standard or Custom Orders. All of these orders will be invoiced to customer if not released for delivery within 30 days past originally quoted estimated date of delivery.

19. Storage Fees: For every month beyond the requested manufacture date that the product remains in Jensen Precast's possession, a fee of 3% per month of total sale price of product will be added to the invoice total due upon final delivery/pick up.

20. Invoice Date: Customer will be invoiced for product at either, date of delivery or 60 days past date of originally requested delivery/pick up date.

Shipping Policy

1. The customer will be prepared to receive products at the specified delivery time. Excessive unloading or stand-by time, resetting or re-delivery not caused by Jensen Precast will be charged at the hourly rate for the equipment involved.

2. The customer will be solely responsible for the following:

a. Finish grade, leveling, and position of product.

b. Grouting, and/or sealing of vault sections, grade rings, risers, frames and covers, pipes, etc.

c. Excavation, bedding, shoring, backfilling, compacting and grading. Water and/or flotation control.

d. Setting and adjusting ladders, racking, grates or other hardware.

e. All other site work not specifically referred to.

3. Equipment belonging to the company cannot be left at any jobsite for the purpose of unloading or setting by others unless previously agreed to in writing between Jensen Precast and the customer.

4. Carriers are responsible for goods lost or damaged in transit. Damages or shortages should be indicated on the carrier's delivery receipt and any claims should be made in writing directly to the carrier.

5.All products are to be delivered in the number of trips specified. Charges will be added for additional trips.

Shipping Code Definitions

Code #1 - DELIVERED AND SET

Quoted prices include product delivery and setting with our boom truck subject to the following provisions:

a. Jensen Precast will provide driver/crane operator services only using Jensen Precast's boom truck, unless otherwise specified.

b. Customer will be solely responsible for all other site work associated with setting and installing this product unless specifically referred to in writing.

c. Most products require assistance from the customer in setting (generally one or two laborers). Contact Jensen Precast for the specific requirements of each product.

d. The customer will provide a properly prepared, sized and graded, excavation. Access and setting location for our boom truck must be acceptable to our driver or representative.

e. Since site conditions, products, and delivery equipment vary, the logistics must be considered to determine the best approach for setting the product.

Attention must be given to the variables of the set, including:

a. Capacity of the Jensen Precast boom truck and truck crane to be used.

b. The maximum product weight relative to the setting distance from the center of the crane to the center of the excavation cannot exceed the boom truck rated capacity.

c. The route to the setting location must be accessible for the boom truck without towing or pushing.

d. The type of terrain, site slope, and ground conditions for outrigger footings, at the setting location.

e. Overhead restrictions and other physical constraints.

f. Any or all of the above could prevent Jensen Precast from setting the product. In cases where Jensen Precast cannot set the product, we will off load the product in accordance with shipping code definition #3 herein.

NOTE: If for any reason Jensen Precast cannot set the product, Jensen Precast will not be responsible, or charged, for setting by any other means.

Code #2 - DELIVERED - F.O.B. TRUCK:

Quoted prices include product delivery to the job site only; "Free On Board" the truck. Generally, this would be a flatbed truck without a crane or other unloading equipment subject to the following provisions:

a.The company will provide driver services only and the customer will supply means of unloading and setting products at time of delivery. 1 hour of off-load time is allotted per truck from time of arrival at delivery location or entry point. Additional standby time not caused by Jensen Precast will be charged at the hourly rate for the equipment involved.

Code #3 - DELIVERED AND OFFLOADED:

Quoted prices include product delivery to the job site and unloaded from our truck subject to the following provisions:

a. Jensen Precast will provide driver services and a means of unloading products.

b. The customer will provide an acceptable location for unloading and storing products, and the means for setting the product in the permanent location.

Code #4 - F.O.B. - JENSEN PRECAST YARD:

Quoted prices include product loading on customer or common carrier trucks in the yard subject to the following provisions:

a. Customer will be responsible for any additional charges, including charges for freight, shipping, delivery and setting.

b.Customer or common carrier will be responsible for tie down, dunnage, pallets, etc., unless specifically referred to.

c. Yard location will be addressed in section one of the quotation.

Code #5 - OTHER AS SPECIFIED:

If not specified in section one of this quotation, please consult our office for more specific information or written clarification.

Questions

If you have any questions about our Terms of Service, please contact us at info@jensenprecast.com.