GuidedSMILE Warranty

GuidedSMILE, LLC Limited Warranty

GuidedSMILE, LLC (“GuidedSMILE), desires you, the dentists, clinicians, laboratory and medical professionals (“Customer”) ordering GuidedSMILE CombiGuides, Surgical Guides, immediate load surgical prosthetics, and related supplies, components, and dental devices (all, a “Device”), satisfaction with the Device(s) you have purchased. If a Device is not acceptable at the time of receipt or at the time of insertion, barring general limitations or limited warranty period conditions described below and provided prior Device history does not reveal an unwarranted order, we shall adjust, repair, or replace the device at our discretion at no charge, preserving the full limited warranty period. Limited warranty conditions and periods are listed below and the limited warranty period begins on the date the Device was shipped from our facility, not the insertion date.

  1. Limited Warranty

Our limited-service warranty covers each Device in use, against defects in workmanship and materials by adjustment, repair, or replacement of the Device only. If unsatisfactory material performance is experienced within the service warranty period, the repair or replacement of the Device, excluding clinical costs, is covered. In this event, the remainder of the warranty period from the original date of delivery remains intact.

  1. 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. GuidedSMILE, LLC maintains the sole right to decide if adjustment or replacement of the Device is appropriate for the desired correction.

  1. Limited Warranty Periods

GuidedSMILE CombiGuides and Surgical Guides are intended for short term in the office surgical use only and warranted against defects for the time they are in use but no more than 30 days from the day of invoice. These temporary surgical appliances are subject to ill-fit caused by tooth movement, tooth wear or damage, skeletal, or muscular changes.

Immediate load surgical prosthetics are warranted against defects for 120 days from the date of invoice from breakage, discoloration, or significant wear.

Supplies and components may be returned if unopened and unused in the original packaging within 90 days. Non-single-use products are warranted against defects for 30 days and may be returned (or a pictured emailed) for replacement or credit.

To obtain warranted coverage, please return all working models, previous impressions, and original product for evaluation. If a discrepancy arises you may be subject to additional fees. If the original product is not returned, the replacement product will be invoiced until the product is returned.

  1. Disclaimer of All Other Warranties

GuidedSMILE LLC provides all Devices according to specifications as submitted to the lab. EXCEPT FOR THE EXCLUSIVE LIMITED WARRANTY OF ADJUSTMENT REPAIR AND REPLACEMENT FOR DEFECTS IN WORKMANSHIP AND MATERIALS AS PROVIDED ABOVE, GUIDEDSMILE, LLC HAS NOT MADE AND DOES NOT MAKE ANY OTHER WARRANTY OR REPRESENTATION WHATSOEVER, EITHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN AS TO THE FITNESS, CONDITION, MERCHANTABILITY, DESIGN OR OPERATION OF ANY 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. GuidedSMILE 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, GuidedSMILE, LLC 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 GuidedSMILE 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 a Device; that recovery for all such loss, damage and expense shall be limited to any such insurance coverage only; and that GuidedSMILE 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.

CUTOMER’S REMEDIES UNDER THIS AGREEMENT ARE LIMITED EXCLUSIVELY TO ADJUSTMENT, REPAIR AND/OR REPLACEMENT OF THE DEVICE AS INDICATED IN THE EXPRESS LIMITED WARRANTY.

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.

  1. Indemnification

Customer shall indemnify, defend (with attorneys of GuidedSMILE’s choice), and hold GuidedSMILE harmless from (without any condition that GuidedSMILE 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 GuidedSMILE 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.

  1. Modification or withdrawal of the limited warranty

GUIDEDSMILE reserves the right to modify or withdraw this limited warranty statement at any time without notice. Any such modification or withdrawal will be made in a writing which will apply prospectively to new purchases and will not affect Devices already installed and fully paid by the Customer to GUIDEDSMILE.

  1. Miscellaneous Terms

This Limited Warranty Statement constitutes the entire agreement and understanding between Customer and GuidedSMILE, superseding any prior agreements and understandings, and governs your use of GuidedSMILE’s 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. GuidedSMILE’s 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 GuidedSMILE, LLC’s General Conditions of Sale, are valid and enforceable and may be assigned by GuidedSMILE, LLC, in it’s 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 changes, modifications, or adjustments to the terms and conditions of these warranty terms are valid unless made in a writing by GuidedSMILE and specifically referencing a change to these terms and conditions.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Statement or any Agreement.

Any rights not expressly granted herein are reserved by and for GuidedSMILE.

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 those sections.

© Copyright 2024, GuidedSMILE, LLC. All Rights Reserved. Updated 1/1/2024

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