Terms and Conditions for Use of website

Please read these terms and conditions (“Terms”) carefully before using Adnox’ Internet Website (“Website”).By using the website, you approve these terms. If you do not agree with these terms, please do not use this website. The conditions concern your rights and obligations and include important exemptions of liability and regulations with regard to applicable laws and jurisdiction. Please read this carefully.

The terms are applicable for all Adnox’ websites, including websites for registered users.

COPYRIGHT

The website is owned and managed by Adnox , a company with limited liability, registered under Danish law, with base in Hadsund, Denmark.

USER LICENSE

You are welcome to view the site, and have a look round the website. Adnox allows you to view the site and to print or download material displayed on this site, for your own personal and non-commercial use, provided that you accept these terms and conditions related to this agreement without reservations, and that you ensure that all injunctions and bans with regard to copyright, trademark and other proprietary rights are respected. However, you are under no circumstances allowed to copy, reproduce, upload, forward or distribute the content of this website, including text, images, sound and video for public or commercial purposes without approval from Adnox. Furthermore, the content of this website must not be placed in frames on third parties’ websites (ban on framing).

The use of this website is tantamount to your approval and acceptance without modification of the bans, terms and conditions stated herein. Furthermore, by the use of this website you guarantee that you under no circumstances will use this website for purposes which are illegal, immoral or other illegal purposes according to these terms.

USER INFORMATION

Any sort of information or material you may transmit to the website via e-mail or otherwise, is and will be treated as non-confidential and non-protected by copyright. Adnox are entitled to use everything you send by post for any purpose. It is prohibited to send or transfer any material to/from this website which may be illegal, threatening, defamatory, libellous, indecent, pornographic or in any other way against any statutory provision.

PROTECTION OF PERSONAL DATA

Adnox collects and uses information on the conduct of the website’s users for statistical and marketing related purposes. You have the right to oppose the use of your data for marketing related issues and you have the right to get access to personal data and to correct such data, free of charge. For further information on the data which Adnox collects, and the precautions Adnox takes to protect the user data, we refer to Adnox’ “Protection of the personal data”.

RESPONSIBILITY

Your use of and visits on this website is at your own risk. Adnoxdoes not guarantee that the software, used on this website and the information, on-line applications or any other service provided through this site are flawless, or that the use of them will be uninterrupted. Adnox disclaims explicitly any responsibility for the above mentioned, including e.g. accuracy, condition, saleability and applicability for specific purposes. Regardless of whether it may be stated otherwise on this website, Adnox is in no way responsible for any kind of loss of profit, earnings or any kind of indirect damages caused by or in connection with this website, or by use of any of the services stated on this website.

UPDATES

Hans Jensen Lubricators reserves the unilateral right to update, modify and change its “Protection of Personal Data” at any time. All updates, modifications and changes are binding for all users and readers of Hans Jensen Lubricators website and they will be notified here.

SOFTWARE LICENSE

You do not have any rights to copyright protected software and related documentation or any supplement or modification thereto, which may be put at your disposal in order for you to access specific areas of the website. You are not licensed to pass on, hand over or transfer any license right which Adnox has given you, and any attempt to hand over or transfer such a license will be invalid. You are not licensed to copy, distribute, alter, reconstruct or produce derivative products of this kind of software.

LINKS TO AND FROM OTHER MATERIALS

Adnox is free to provide hyperlinks to third parties’ websites. Adnox has no control over the linked websites and Adnox is in no way responsible for the content of such a linked website or any kind of website linked to such a linked website.

Adnox does not provide any kind of endorsement of companies or products to which hyperlinks are established and Adnox reserve the right to state this on the company’s website. Adnox reserve the unilateral right to remove any kind of link or any kind of linked program. If you want to visit any of the third party’s website, this will be at your own risk. 

Third parties may only create hyperlinks to the home page of this website. Links to sub-pages may only be created after Adnox’ prior written approval.

CONTENT

Adnox is very careful setting up and maintaining this website and ensuring that the content, like e.g. prices and product descriptions are accurate and up to date. However, the content of this website is subject to frequent modifications without prior notice. Therefore, Adnox does not guarantee that the content is accurate and up to date.

Visitors of this website accept that Adnox is exempted from any responsibility for the website’s content, software or for any use made of it.

INTELLECTUAL RIGHTS

Texts, layout, drawings, databases and other parts of this website including the actual website, are protected by copyright and the rights owned by the producer of this database. Certain names, brands and logos on this website are trademark protected.

Nothing on this website must be interpreted as a license right or any other right to use any trademark displayed on this website without written approval from Adnox or a third party who may own the trademarks displayed on this website.

Any reproduction, adaptation, translation, modification and any use of all or parts of this website or its protected elements, in any shape or in any way is prohibited.

EXEMPTION OF LIABILITY

ALL MATERIAL AND CONTENT ON THIS WEBSITE IS PROVIDED ON AN ”AS IS” BASIS WITHOUT ANY EXPRESSED OR IMPLICIT GUARANTEE OF ANY KIND INCLUDING GUARANTEE THAT A PRODUCT IS SALEABLE, WITHOUT VIOLATION OF SOMEONES INTELLECTUAL RIGHT OR APPLICABILITY FOR A SPECIFIC PURPOSE. HANS JENSEN LUBRICATORS SHALL IN NO EVENT BE LIABLE TO COMPENSATE ANY CLAIMS (INCLUDING E.G. LOSS OF PROFITS, OPERATING LOSS, LOSS OF INFORMATION) OCCURING BY THE USE OF OR INABILITY TO USE THE MATERIAL.  THIS IS APPLICABLE EVEN THOUGH ADNOX MAY BE INFORMED ABOUT THE POSSIBIBILITY OF SUCH A LIABILITY.

As some legal systems prohibit suspension or limitation of liability for consequential loss and/or accidental damages, it is possible that the above mentioned limitation does not apply to you. Furthermore, Adnox does not guarantee the accuracy or completeness of the information stated on the linked websites, having been made available to third parties.

PRODUCT ORDERS

Adnox endeavours meeting all orders, but Adnox cannot guarantee that any product displayed on this website is available. Adnox reserves the right at any time and without prior notice to cancel the sale of any product which may be stated on this website.

PROVISIONS ON APPLICABLE LAW AND JURISDICTION1

This website is located on a server in Hadsund. You understand and accept that these terms and your use of this website are regulated by the, at any time, applicable laws in Denmark.

Hereby you declare that you understand and accept that the court of laws, administrative authorities and other organisations for resolving disputes in Denmark have exclusive jurisdiction and are the proper venue in any dispute (a) rising from, relating to or concerning this website and/or these terms in which (b) this website and/or these terms is a matter of dispute or a substantial factor or in which (c) reference is made to this website and/or these terms, is mentioned in a paper submitted to a court, arbitral tribunal, administrative authority or other organisation for resolving of disputes.

At the setting up and maintenance of this website, Adnox has endeavoured obeying all legal requirements, which Adnox are aware of, but do not guarantee that the material on this website is appropriate or available for use in any particular jurisdiction.

You are responsible for compliance with applicable law. Any use in contravention of this provision or any provision of these terms is at your own risk and expense. If parts of these terms are invalid or unenforceable under applicable law, such invalid or unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that most closely matches the purpose of the original provision and the remainder part of these terms shall be applicable for such use.

  • The website is owned and managed by Adnox (hereafter referred to as Adnox), a company with limited liability, registered under Danish law, with base in Hadsund, Denmark.

  • You are welcome to view the site, and have a look round the website. Adnox allows you to view the site and to print or download material displayed on this site, for your own personal and non-commercial use, provided that you accept these terms and conditions related to this agreement without reservations, and that you ensure that all injunctions and bans with regard to copyright, trademark and other proprietary rights are respected. However, you are under no circumstances allowed to copy, reproduce, upload, forward or distribute the content of this website, including text, images, sound and video for public or commercial purposes without approval from Adnox. Furthermore, the content of this website must not be placed in frames on third parties’ websites (ban on framing).

    The use of this website is tantamount to your approval and acceptance without modification of the bans, terms and conditions stated herein. Furthermore, by the use of this website you guarantee that you under no circumstances will use this website for purposes which are illegal, immoral or other illegal purposes according to these terms.

  • Any sort of information or material you may transmit to the website via e-mail or otherwise, is and will be treated as non-confidential and non-protected by copyright. Adnox are entitled to use everything you send by post for any purpose. It is prohibited to send or transfer any material to/from this website which may be illegal, threatening, defamatory, libellous, indecent, pornographic or in any other way against any statutory provision.

  • Adnox is free to provide hyperlinks to third parties’ websites. Adnox has no control over the linked websites and Adnox is in no way responsible for the content of such a linked website or any kind of website linked to such a linked website.

    Adnox does not provide any kind of endorsement of companies or products to which hyperlinks are established and Adnox reserve the right to state this on the company’s website. Adnox reserve the unilateral right to remove any kind of link or any kind of linked program. If you want to visit any of the third party’s website, this will be at your own risk. 

    Third parties may only create hyperlinks to the home page of this website. Links to sub-pages may only be created after Adnox prior written approval.

  • Adnox is very careful setting up and maintaining this website and ensuring that the content, like e.g. prices and product descriptions are accurate and up to date. However, the content of this website is subject to frequent modifications without prior notice. Therefore, Adnox does not guarantee that the content is accurate and up to date.

    Visitors of this website accept that Adnox is exempted from any responsibility for the website’s content, software or for any use made of it.

  • Texts, layout, drawings, databases and other parts of this website including the actual website, are protected by copyright and the rights owned by the producer of this database. Certain names, brands and logos on this website are trademark protected.

    Nothing on this website must be interpreted as a license right or any other right to use any trademark displayed on this website without written approval from Adnox or a third party who may own the trademarks displayed on this website.

    Any reproduction, adaptation, translation, modification and any use of all or parts of this website or its protected elements, in any shape or in any way is prohibited.

  • Adnox collects and uses information on the conduct of the website’s users for statistical and marketing related purposes. You have the right to oppose the use of your data for marketing related issues and you have the right to get access to personal data and to correct such data, free of charge. For further information on the data which Adnox collects, and the precautions Adnox takes to protect the user data, we refer to Adnox”Protection of the personal data”.

  • Your use of and visits on this website is at your own risk. Adnox does not guarantee that the software, used on this website and the information, on-line applications or any other service provided through this site are flawless, or that the use of them will be uninterrupted. Adnox disclaims explicitly any responsibility for the above mentioned, including e.g. accuracy, condition, saleability and applicability for specific purposes. Regardless of whether it may be stated otherwise on this website, Adnox is in no way responsible for any kind of loss of profit, earnings or any kind of indirect damages caused by or in connection with this website, or by use of any of the services stated on this website.

  • ALL MATERIAL AND CONTENT ON THIS WEBSITE IS PROVIDED ON AN ”AS IS” BASIS WITHOUT ANY EXPRESSED OR IMPLICIT GUARANTEE OF ANY KIND INCLUDING GUARANTEE THAT A PRODUCT IS SALEABLE, WITHOUT VIOLATION OF SOMEONES INTELLECTUAL RIGHT OR APPLICABILITY FOR A SPECIFIC PURPOSE. ADNOX SHALL IN NO EVENT BE LIABLE TO COMPENSATE ANY CLAIMS (INCLUDING E.G. LOSS OF PROFITS, OPERATING LOSS, LOSS OF INFORMATION) OCCURING BY THE USE OF OR INABILITY TO USE THE MATERIAL.  THIS IS APPLICABLE EVEN THOUGH HANS JENSEN LUBRICATORS MAY BE INFORMED ABOUT THE POSSIBIBILITY OF SUCH A LIABILITY.

    As some legal systems prohibit suspension or limitation of liability for consequential loss and/or accidental damages, it is possible that the above mentioned limitation does not apply to you. Furthermore, Adnox does not guarantee the accuracy or completeness of the information stated on the linked websites, having been made available to third parties.

  • Adnox endeavours meeting all orders, but Adnox cannot guarantee that any product displayed on this website is available. Adnox reserves the right at any time and without prior notice to cancel the sale of any product which may be stated on this website.

  • Adnox reserves the unilateral right to update, modify and change its “Protection of Personal Data” at any time. All updates, modifications and changes are binding for all users and readers of Adnox website and they will be notified here.

  • You do not have any rights to copyright protected software and related documentation or any supplement or modification thereto, which may be put at your disposal in order for you to access specific areas of the website. You are not licensed to pass on, hand over or transfer any license right which Adnox has given you, and any attempt to hand over or transfer such a license will be invalid. You are not licensed to copy, distribute, alter, reconstruct or produce derivative products of this kind of software.

  • This website is located on a server in Hadsund. You understand and accept that these terms and your use of this website are regulated by the, at any time, applicable laws in Denmark.

    Hereby you declare that you understand and accept that the court of laws, administrative authorities and other organisations for resolving disputes in Denmark have exclusive jurisdiction and are the proper venue in any dispute (a) rising from, relating to or concerning this website and/or these terms in which (b) this website and/or these terms is a matter of dispute or a substantial factor or in which (c) reference is made to this website and/or these terms, is mentioned in a paper submitted to a court, arbitral tribunal, administrative authority or other organisation for resolving of disputes.

    At the setting up and maintenance of this website, Adnox has endeavoured obeying all legal requirements, which Adnox are aware of, but do not guarantee that the material on this website is appropriate or available for use in any particular jurisdiction.

    You are responsible for compliance with applicable law. Any use in contravention of this provision or any provision of these terms is at your own risk and expense. If parts of these terms are invalid or unenforceable under applicable law, such invalid or unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that most closely matches the purpose of the original provision and the remainder part of these terms shall be applicable for such use.

Terms of Sale and Delivery

  • 1.0 No order placed with Vendor shall be binding unless accepted in writing.
    2.0 Agreed delivery clauses shall be interpreted according to the Incoterms which are in force at the time when the agreement is made. If no special agreement of delivery clause has been made, delivery
    shall be considered: “Ex works”.
    2.1 Unless otherwise stated, the prices mentioned are exclusive of packing and value added tax.
    2.2 Prices are strictly confidential and may not under any circumstances be distributed to any 3rd party.
    3.0 If the delivery time accepted in the contract is only stated as an approximate one, each of the parties is entitled, after a period of time amounting to two thirds of this time, to claim a written
    agreement on a fixed delivery date. If the contract does not include any determined delivery time each of the parties is entitled, after a period of time of 6 months as from the signing of the contract,
    to claim a written agreement on a fixed delivery date.
    4.0 If delay in delivery is due to force majeure, other cases of relief or Buyer’s action or omission, the delivery time is prolonged to the extent which is found reasonable according to the circumstances.
    The following shall be considered as cases of relief if they intervene after the formation of the Contract and impede or delay its performance: industrial disputes and any other circumstances (e.g. fire,
    mobilization, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of material and restriction in the use of power) when such other circumstances are
    beyond the control of the parties (force majeure).
    4.1 Machine breakdowns and defects, delays of deliveries or defective deliveries from sub-contractors shall also be considered cases of relief when such circumstances are beyond the control of Vendor.
    4.2 Vendor wishing to claim relief by reason of any of the aforesaid circumstances (4.0 & 4.1) shall notify the other party in writing without delay of the intervention and of the cessation thereof.
    5.0 If Buyer reaches the conclusion that he will not be able to receive the supply on the date agreed, or if a delay must be considered probable from his part, he must incessantly, in writing, inform
    Vendor about this fact, stating the reason for the delay and, wherever possible, the time when he expects to be able to receive the supply. If Buyer does not receive supply ready for dispatch on due
    date, he shall nevertheless make any payment conditional on delivery as if the supply had been delivered. Vendor shall arrange for the storage of the goods at the risk and cost of Buyer. If required by
    Buyer, Vendor shall insure the supply at the cost of Buyer. Unless the failure of Buyer is due to force majeure, Vendor may require Buyer, by notice in writing, to accept delivery within a reasonable
    time – with a two weeks’ notice. If Buyer fails for any reason whatsoever to do so within such time Vendor shall be entitled, by notice in writing to Buyer, and without requiring the consent of any
    Court, to terminate the contract in respect of such portion of the supply as is by reason of the failure of Buyer aforesaid not delivered and thereupon to recover from Buyer any loss suffered by reason of
    such failure. Indemnities cannot exceed the part of the purchase price which covers the parts of the consignment not received.
    6.0 If delivery has been made before payment of the whole sum payable under the contract has been effected, goods delivered shall in full remain the property of Vendor until such full payment has
    been effected.
    6.1 Drafts or instruments of debts are not to be considered as full payment until full and final settlement has been effected. In the meantime, goods delivered shall remain the property of Vendor.
    6.2 If Buyer does not affect payment in due time – as per terms of payment overleaf – Vendor is entitled to charge interest amounts, at present 1,5% per started month after due date. If Buyer fails to
    effect payment in due time, Vendor is at its own discretion entitled to cancel the agreement in writing, and from Buyer to claim indemnity for the loss Vendor has suffered. Indemnities cannot exceed
    the value of the part of the supply not yet paid for plus interest for the period of delayed payment.
    6.3 Unless otherwise specifically agreed upon and approved in writing by Vendor, the payment terms are: 30 days net as from date of Vendor’s invoice.
    6.4 Invoices will only be sent by email. In case of Buyer wanting to receive hard copy of invoice, this can be arranged upon enquiry against a fee of 25 EUR per invoice.
    6.5. If Buyer cannot take parts after notice of readiness from Vendor, due to not having prepaid, informed delivery address etc., it is possible for Buyer to have goods stored at Vendor’s place of
    business. In case of storage at Vendor’s place of business for longer than 14 days, Vendor is entitled to charge warehouse rent at current rates. Rates can be informed upon enquiry to Vendor.
    7.0 The weights, dimensions, capacities and other data included in catalogues, prospectuses, circulars, advertisements, illustrated matter and price lists constitute an approximate guide. These data shall
    not be binding save to the extent that they are by reference expressively included in the contract.
    8.0 If Vendor does not observe the agreed delivery time, Buyer is only entitled to penalty covering direct and indirect loss (e.g. consequential damage, loss on operation, loss of time, loss of profit) if
    this has been explicitly agreed and confirmed by Vendor in his acknowledgement of order. Buyer loses his right to penalty if the claim has not been made within 6 months after delivery should have taken place
    9 Liability of Defect
    9.0 A possible defect due to defective material and/or faulty workmanship must immediately be advised Vendor by Buyer. Remedy of the defect must be effected at Vendor´s place of business in
    Denmark. A repair made out through Buyer without Vendor’s prior written consent does not entitle Buyer to any debiting of the costs in this connection.
    9.1 If Buyer wants Vendor to check the condition of the delivered parts and a claim is accepted or provided Vendor’s prior acceptance of a claim the returning of goods is for Buyer’s risk and account, but
    reforwarding from Vendor to Buyer is for Vendor’s risk and account – by cheapest transportation means possible.
    9.2 If Vendor cannot accept the claim after having seen the part, the re-forwarding to Buyer will take place for Buyer’s risk and account, and the costs in connection with a remedy will be debited Buyer.
    9.3 Vendor’s liability shall apply only to defects that appear under the conditions of operation provided for by the contract and under proper use. It does not comprise any defects due to causes arising
    after the risk of the supply has passed according to the agreed delivery terms. In particular it does not cover defects arising from Buyer’s negligent handling, incorrect mounting, faulty maintenance or
    erections, or from alterations carried out without Vendor’s written consent, or from repairs carried out improperly by Buyer, nor caused by normal deterioration. Cf. 9.10.
    9.4 Likewise, Vendor’s liability does not apply to defects arising out of material provided, or out of a design/construction stipulated by Buyer (directly or indirectly).
    9.5 Adnox A/S products: Vendor’s responsibility for defective material and/or faulty workmanship will be valid for a period of maximum 12 (twelve) months as from date of mounting of the part in
    question in the vessel concerned, but in no case more than maximum 18 (eighteen) months as from date of dispatch from Vendor or subcontractor’s factory. This only provided that the parts in question
    are stored carefully so that neither humidity, temperature fluctuations nor other physical effects will supersede the normal operational conditions in the engine room of a ship. Vendor’s responsibility is
    only valid, provided that service overhauls of the parts in question are maintained according to Adnox A/S’s overhaul instructions and genuine spare parts are used.
    9.6 The warranty is granted in favor of original Buyer and cannot be transferred to other Buyers in case vessel is sold.
    9.7 The Buyer loses the right to rely on any defects (lack of conformity of the goods) if he does not give Vendor notice thereof immediately after discovery of the defects and at the latest within the period of 12 and 18 months respectively cf. 9.8
    Sub-contract work: Vendor’s responsibility only comprises defects which turn up before one year as from the date of dispatch from Vendor’s factory. If the parts supplied by Vendor are applied more
    intensively than agreed upon or more than provided when the contract was made, this period is reduced correspondingly.
    9.9 After the risk in the goods has passed to Buyer, Vendor has no responsibility for defects in addition to what is stated above even if such are due to causes existing before the risk so passed. It is
    expressively agreed that Buyer shall have no claim in respect of personal injury or of damage to property not the subject matter of the Contract or of loss of profit (directly or indirectly) unless it is shown
    from the circumstances of the case that Vendor has been guilty of gross negligence.
    9.10 Repairs carried out under warranty conditions, will be undertaken pro rata. Costs for these warranty repairs is split between Buyer and Vendor and determined on a case by case basis depending on
    age of the system, time of failure, and maintenance condition.
    10 Product liability
    10.0 Vendor incur product liability if it can be proved that the injury is due to faults or omissions made by Vendor or other for which he is responsible. Buyer shall have the burden of proof for Vendor’s
    product liability. Vendor is not responsible for damages to real estate or movable which occur while the goods are in Buyer’s possession. Neither is Vendor responsible for damages to products produced
    by Buyer or to products of which these parts form part. Vendor is not responsible for losses of profit, lost earning or other indirect losses. To the degree where product liability might be claimed for
    Vendor from a third party, Buyer is committed to indemnify Vendor to the same degree as the limitation of Vendor’s responsibility as per the above. If a third party puts forward a claim against one of the
    parties as per this point, the party concerned must immediately inform the other party hereof. These restrictions in Vendor’s responsibility do not apply if he has shown gross negligence.
    11 Gross negligence does not comprise any and every lack of proper care or skill but means an act or omission on the part of Vendor implying either a failure to pay due regard to serious consequences
    which a conscientious Vendor would normally foresee as likely to ensue, or a deliberate disregard of any consequences of such act or omission.
    11.1 Vendor and Buyer are mutually committed to be sued at the court dealing with indemnity claims from third parties put forward against one of them because of a damage which is claimed to be
    caused by the supply. The mutual relationship between Buyer and Vendor will always be decided by arbitration (12.1).
    12 Jurisdiction
    12.0 The contract shall be governed by the law of Vendor’s country – Denmark.
    12.1 Disputes arising from the contract and provisions included herein and disputes on legal conditions cannot be solved at courts. Therefore, any dispute arising out of or in connection with this contract,
    including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of arbitration
    procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. Each Party shall appoint its own arbitrator and the chairman or the arbitral
    tribunal shall be appointed by the Chairman’s Committee of the Danish Institute of Arbitration. The number of arbitrators shall be three (3), the place of arbitration shall be Copenhagen and the language
    of the arbitration shall be Danish.

    11.09.18

     

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