Limited Warranty/Limitation of Liability
Limited Warranty/Limitation of Liability: Vitality Dental Arts (“the lab”) 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 warranties of merchantability or fitness for a particular purpose. This Limited Warranty and Limitation of Liability (“Agreement”) will be extended with the presentation of a verified proof-of-purchase, which includes an original invoice number/date, patient’s name and the original model. This limited warranty extends only to the original purchaser of a device and does not extend to patients or other individuals and/or entities to whom the device(s) is/are sold, implanted, inserted or delivered. Subject to the return of a device that is placed and then fails due to defects in materials or workmanship, the lab will repair or remake the device without charge or for a partial charge based on original invoice price, at the lab’s option, as follows:
(1) porcelain to metal restorations, metal free restorations, all metal restorations, single-unit inlays, onlays, and screw-retained titanium or zirconia abutments (excluding abutments with angulations greater than 20 degrees), up to five years; (2) dentures and partials but excluding immediate dentures, up to one year; (3) orthodontic appliances, thermoformed appliances, splints, acrylic temporaries, acetyl resin appliances, immediate dentures, flippers, surgical and radiographic guides, and all other dental devices up to 30 days. (4) Flexible partials up to 6 months only if 5mm or more of Vertical Dimension of Occlusion exists. (5) Screw-Retained Acrylic Hybrid, Zirconia Hybrid will be remade at no charge due to poor fit only if the prosthesis does not fit the model and the model has been returned with the prosthesis for remake. Lab is not liable for all other costs of adjustment, repair and replacement of device. If the prosthesis breaks during the delivery appointment and the lab’s screw-retained hybrid protocol for verification jig was not followed, warranty is voided. Screw-Retained Acrylic Hybrid up to 30 days for failure of acrylic or denture teeth, titanium bar against breakage up to 5 years. Zirconia Hybrid against breakage of Zirconia up to 5 years. This warranty does not apply if the models were not verified using an intra orally luted verification jig. Except where prohibited by law, the lab will 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. Vitality Dental Arts will only accept returns of implant parts on unopened packages with the product in its original condition. The parties to this Agreement mutually agree to waive any and all class actions in favor of mandatory individual arbitration of all claims arising out of, or related to, this Agreement. Any controversy or claim arising out of, or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association. The place of the arbitration shall be Elgin, Illinois and Illinois state law shall apply.
Non-Warranty/ Exclusion Items
Immediate denture appliances and repairs both fixed and removable performed on work manufactured originally in another dental laboratory are specifically excluded from the Limited Warranty. Vitality Dental Arts does not warrant work initially fabricated by another company. Vitality Dental Arts reserves the right to not warrant any Device which it feels does not have the clinical conditions for success. Device warranty will be voided if Vitality Dental Arts has notified the Customer of concerns about the accuracy of the materials received, the possibility of immediate or future failure or ill-fit. Warranties do not include nor apply to deviations from original work order instructions, nor Devices that have been previously repaired, relined, rebased or otherwise altered from new; nor Devices that have been damaged or are ill-fitting due to accident, patient non-compliance, negligence, abuse, supporting bone, tooth or tissue failure, changed dentition, dental or muscular parafunctional habit, improper clinical protocols, or improper oral hygiene. Unwarranted orders include cases requiring clinically-requested lab alterations to original case materials, as well as clinically-overruled laboratory requests for new materials, Devices or process changes. Further, the Limited Warranty does not include nor apply to Devices that have been previously non-warranted in Device history record or have failed due to misdiagnosis or incorrect choice of Device. Warranties do not include nor apply to work performed by another laboratory, cash refunds, temporary replacements, costs incurred for removal or reinsertion or costs incurred by another laboratory. To be eligible for Bar and Abutments Limited Warranty, Devices must be placed upon an implant for which the safety and efficacy was supported by at least 2 years of clinical data for this specific implant based on reported data of a minimum of 10 patients published in a peer-review journal; failure is not caused by a trauma, an accident, or by any other damage caused by the patient or a third party; implants were not placed in patients with accepted contra-indicated conditions to successful implant integration, including but not limited to diseases related to alcoholism, habitual smoking, uncontrolled diabetes, and habitual drug dependency. The limited warranty does not apply to Devices sold to other laboratories.
Conditions to Warranty
To make a warranty claim, return the Device together with an explanation of the problem and your request for a Device adjustment, repair or replacement. The original work authorization (or evidence of original purchase) must be included with a new completed work authorization and new Device models, the original Device and models must be returned including all original alloy (if applicable). No warranty will be given if the complete work is not paid in full and the customer has an outstanding balance. Vitality Dental Arts maintains the sole right to decide if adjustment or replacement of the Device is appropriate for the desired correction.
Disclaimer of All Other Warranties
Vitality Dental Arts manufactures all Devices according to specifications as submitted to the lab. EXCEPT FOR THE EXCLUSIVE LIMITED WARRANTY OF REPAIR AND REPLACEMENT AS PROVIDED ABOVE, VITALITY DENTAL ARTS HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, EITHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN AS TO THE FITNESS, CONDITION, MERCHANTABILITY, DESIGN OR OPERATION OF THE DEVICE, ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OR CAPACITY OF MATERIALS IN THE DEVICE OR WORKMANSHIP IN THE DEVICE, NOR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER. Company shall not be liable to Customer for any loss, damage, or expense of any kind or nature caused, directly or indirectly, by the insertion of the Device, the use thereof, or the failure or operation thereof.
Except where prohibited by law, VITALITY DENTAL ARTS WILL 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.
CUSTOMER AGREES AND UNDERSTANDS: THAT NEITHER COMPANY NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES (COLLECTIVELY, “REPRESENTATIVES”) IS AN INSURER; THAT CUSTOMER CURRENTLY HAS AND SHALL ALWAYS MAINTAIN INSURANCE COVERING THE CUSTOMER FOR USE/INSERTION OF THE DEVICE; THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY; AND THAT COMPANY AND REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES, DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, BREACH OF CONTRACT, EXPRESS OR IMPLIED, BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE RESULTING FROM INSERTION OF THE DEVICE OR THE DEVICE ITSELF.
It is expressly understood and agreed that each and every provision of this agreement which provides for the limitation of liability, disclaimer or warranties or exclusion of damages, is intended by the parties to be severable from any other provision and is a severable and independent element of risk allocation and is intended to be enforced as such.
Customer shall indemnify, defend (with attorneys of Vitality Dental Arts choice), and hold Vitality Dental Arts harmless from (without any condition that company or representatives first pay) all losses, and claims for damages and expenses including, without limitation attorney’s fees, which may be asserted against or incurred by Vitality Dental Arts or its agents, officers, and representatives. made by any third parties including the customer’s insurance company, for (i) breach of contract or warranty, express or implied; (ii) active or passive sole, joint or several negligence of any kind or degree; (iii) product or strict liability; or (iv) a claim for indemnification or contribution
Modification or withdrawal of the limited warranty
Vitality Dental Arts reserves the right to modify or withdraw this limited warranty statement at any time without notice. Any such modification or withdrawal will not affect Devices already installed, and fully paid by the Customer/Customer to Vitality Dental Arts, prior to the date thereof.
This Limited Warranty Statement constitutes the entire agreement and understanding between Customer and Vitality Dental Arts, superseding any prior agreements and understandings, and governs your use of our Devices and/or services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party labs or third-party Devices or implants. Our failure to enforce or exercise any right or provision of this Statement shall not constitute a waiver of such right or provision. If any provision of this Statement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and in full force and effect. Customer agrees that this Statement and any other agreements referenced herein, including Vitality Dental Arts’s General Conditions of Sale, are valid and enforceable and may be assigned by Vitality Dental Arts, in our sole discretion, to a third party in the event of a merger or acquisition. The section titles and headings are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Statement or any Agreement.
Any rights not expressly granted herein are reserved by and for us.
Certain sections in this Statement may contain references to separate terms and conditions, which are in addition to this Statement. In the event of a conflict, the additional terms and conditions will govern for those sections.
No-Fault Remake Policy:
Vitality Dental Arts makes doing business easy without playing the blame game. Vitality Dental Arts will process all remakes or adjustments at no additional charge if requested within the warranty period and accompanied by the return of the original appliance.
Changing or upgrading materials for a case may incur a price increase charge.
Vitality Dental Arts Remake Policy will not apply to any account past due. Vitality Dental Arts reserves the right in its sole discretion to refuse accepting any new cases and processing remake cases until the balance is paid in full and the account is current.
Vitality Dental Arts remake policy is not valid on non-warranty / exclusion items per Vitality Dental Arts Warranty Policy.
A charge will apply if the original appliance is not returned at the time of remake request.
Vitality Dental Arts can amend the remake policy at its sole discretion and without prior notice.
Credit Policy – Initial credit limit is $1500, until credit is established. Credit can be established at Vitality Dental Arts sole discretion through the use of Vitality Dental Arts New Account Form or history with Vitality Dental Arts.
Billing – We have two methods of notifying you of the amount due:
Invoice – You will receive an invoice with every case delivered, it details the products and associated fees incurred.
Statement – At the end of each month, you will be mailed a statement of outstanding invoices.
Payment of the outstanding balance is due within 20 days of the statement date.
Overdue Amounts – A finance charge of 2.5% per month of the outstanding balance (whichever is greater) will be posted to any past due accounts. Any accounts with a past due balance of 60 days past the statement date may be put on hold and may be sent to collections.
Late payments can result in interruption of service.
Vitality Dental Arts reserves the rights to place accounts on hold for non-payment.
Vitality Dental Arts reserves the rights to refuse service for any reason.
Payment Methods – We accept two methods of payment: Checks and Credit Cards. We accept Visa, MasterCard, American Express and Discover.
Free Inbound shipping! Vitality Dental Arts offers several convenient options when shipping your cases: USPS, UPS, or our local courier service.
Vitality Dental Arts will provide you with complimentary airbills, packing materials, and boxes.
This policy does not apply to overnight deliveries, weekend pickups, or insurance coverage. If any of these are requested, Vitality Dental Arts will bill your account for any additional charges that were incurred.
Outbound shipping and handling from Vitality Dental Arts will incur a $7 per box charge.