No-Fault Remake Policy, Limited Warranty and DMAX Zirconia Life Time Performance Warranty/ Replacement policy
Limited Warranty and DMAX Zirconia Lifetime Performance Warranty/Replacement Policy/Limitation of Liability
Vaardental (“The Company ”) warrants that all dental devices (a “device”) are made according to your specification and approval in the belief that the device will be useful and MAKES NO OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITN ESS FOR A PARTICULAR PURPOSE EXCEPT AS OTHERWISE EXPLAINED IN THE DMAX ZIRCONIA LIFETIME PERFORMANCE REPLACEMENT POLICY DESCRIBED BELOW. Subject to the return of a device that is placed and then fails, the lab will repair or replace the device without char ge for the cost of materials and workmanship or refund the original price paid, at the lab’s option, as follows:
- DMAX Zirconia restorations, including restorations over implants, manufactured by the labs are warrantied for the life of the patient originally receiving the restoration from the date of placement. This limited lifetime performance warranty shall apply to direct end-user customers only.
- Custom implant abutments manufactured by the lab are warrantied for the life of the patient originally receiving the restoration from the date of placement (including replacement of a device that was made by the lab that was attached to said abutments and including a Hahn™ Tapered titanium dental implant upon
request at no extra charge). - Porcelain to metal; ceramic to metal; all ceramic (except BruxZir Zirconia, as described and noted above); all metal; single-unit inlay, onlay and crown composite resin final prosthetics; screw-retained crowns and bridges; and milled
implant bars manufactured by the lab, up to 7 years. - Composite resin bridges (excluding Maryland and inlay/onlay bridges) manufactured by the lab up to 5 years.
Transition Crowns and Bridges® manufactured by the lab up to 2 years. - Mandibular advancement devices manufactured by the lab up to 2 years if the failure is due to defects in materials or workmanship.
- Smile Transitions™ cosmetic appliances manufactured by the lab up to 1 year if the failure is due to defects in materials or workmanship.
- Dentures and including screw-retained dentures but excluding immediate and provisional dentures manufactured by the lab up to 1 year if the failure is due to defects in materials or workmanship.
- Provisional implant prosthesis manufactured by the lab up to 60 days.
- Immediate and provisional dentures, partials, retainers, prosthetic stents, surgical guides and radiographic guides, and all other dental devices manufactured by the lab up to 30 days if the failure is due to defects in materials or workmanship.
This warranty is exclusively for your benefit, is not transferable and does not extend to any patients. You agree to pay all other costs of adjustment, repair and replacement of a device, including any chair time. Except where prohibited by law, the lab WI LL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE USE OF A DEVICE, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, regardless of the theory asserted, including warranty, contract, negligence or strict liability and if such disclaimer is not permitted by law, the duration of any implied warranty is limited to 90 days from the date of delivery. The lab does not guarantee the performance of independent carriers used to transport the devices.
Monolithic Zirconia Crown Replacement Policy
In addition to the DMAX Zirconia restoration warranty above, the lab will also replace any failed single -unit monolithic zirconia crown manufactured by another laboratory for the life of the patient from the date of placement, if the sol e reason for failure is due to fracture. This replacement policy also applies to monolithic zirconia veneers, inlays and onlays. The replacement will be made with a DMAX Zirconia restoration manufactured by the lab. This limited replacement policy specific ally excludes any bridges, single -unit zirconia screw -retained implant crowns, zirconia crowns over custom or stock implant
abutments, or bilayered or veneered restorations. This limited replacement policy for other laboratories’ monolithic zirconia crowns shall only apply to direct end -user customers (treating clinicians).
To receive any warranty or replacement policy benefits, the treating clinician must notify the lab directly for instructions on how to exercise any warranty or replacement policy benefits. The treating clinician requesting warranty or replacement policy benefits must also be in financial good standing with the lab, and must have installed all lab or other devices in accordance with industry standard and accepted medical/dental practices. The lab reserves the right to modify or terminate its warranty program or replacement policy (or any aspect of either of them) or exclude any individual dentist or other entity from receiving this limited replacement policy benefits for any reason, at any time in its own discretion, including if the lab determines the claims are not made in good faith or violate the letter or intent of the policies. The lab will use commercially reasonable efforts to provide notice of material changes to the policies to clinicians, including by posting any updated or revised policy or warranty language on the lab’s website(s).
NOTWITHSTANDING THE ABOVE, YOU UN DERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR RELATIONSHIP WITH THE LAB, WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED T O THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE IN ANY EVENT THAT THE LAB’S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM THE PARTNERS ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE LAB FOR THE DEVICE(S) AT ISSUE.