We, CERX DENTAL ('CERX' or 'Company' or 'us'),desire you, the dentists, clinicians, and medical professionals (Customer) ordering dental Prosthesis (Prosthesis), satisfaction with the Prosthesis you have purchased. If the Prosthesis 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 Prosthesis history does not reveal an unwarranted order, we shall adjust, repair, or replace the Prosthesis 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 Prosthesis was shipped from our facility, not the insertion date.
Our limited service warranty covers the Prosthesis in use, against defects in workmanship and materials by adjustment, repair, or replacement of the Prosthesis only. If unsatisfactory material performance is experienced within the service warranty period, the repair or replacement of the Prosthesis, excluding clinical costs, is covered. In this event, the remainder of the warranty period from the original date of delivery remains intact.
Repairs both fixed and removable performed on work manufactured originally in another dental laboratory are specifically excluded from the Limited Warranty. CERX DENTAL does not warrant work initially fabricated by another company. Immediate denture appliances are also excluded from the Limited Warranty due to the limited predictability of fit and occlusion. CERX DENTAL reserves the right to not warrant any Prosthesis which it feels does not have the clinical conditions for success. Prosthesis warranty will be voided if CERX DENTAL 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 Prosthesis that have been previously repaired, relined, rebased or otherwise altered from new; nor Prosthesis 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, Prosthesis or process changes. Further, the Limited Warranty does not include nor apply to Prosthesis that have been previously non-warranted in Prosthesis history record or have failed due to misdiagnosis or incorrect choice of Prosthesis. 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, Prosthesis 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 Prosthesis sold to other laboratories. Full arch implant-supported restorations, are warranties below but are not warrantied under the following conditions: implant failure or loss, screws that have come loose and the patient did not return to the office for screw replacement or tightening, excessive wear exhibiting secondary and primary anatomy removed, master implant model was not verified with fit verification jig, the transfer of the case to another provider.
To make a warranty claim, return the Prosthesis together with an explanation of the problem and your request for a Prosthesis adjustment, repair, or replacement. The original work authorization (or evidence of original purchase) must be included with a new completed work authorization and new Prosthesis models, the original Prosthesis 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. CERX DENTAL maintains the sole right to decide if adjustment or replacement of the Prosthesis is appropriate for the desired correction.CERX DENTAL will repair or replace the defective or damaged prosthesis with same or different material based on the patient condition three times in the warranty period.
Temporary Appliances & Repairs are not warranted against defects due to the higher incidence of damage or ill-fit caused by intermittent wear, dental, skeletal, or muscular changes, or intended for provisional, diagnostic, or therapeutic purposes. These include Removable and Orthodontic Appliances relines, relines with soft liners, bleaching trays, protective mouth guards, Comfort H/S or H/H splints, Essix appliances, Maryland bridges, surgical stents, temporary crown and bridges, printed try-ins, diagnostic appliances. Flippers, Valplast, and all acrylic partials with recent or immediate extractions.CERX Basic PFM , CERXBasic Zirconia, are not warranted against defects due to the higher incidence of damage or ill-fit caused by intermittent wear, dental, skeletal, or muscular changes, or intended for provisional, diagnostic, or therapeutic purposes.5 years limited warrantyProsthesis, are warranted against defect for Five years. These include CERXZirComp(Ceramage crown).10 years limited warrantyProsthesis, are warranted against defect for Ten years. These includeCERXC10(PFM Crown),CERXZ10(zirconium Crown), CERX Full Metal Crown15 years limited warrantyProsthesis, are warranted against defect for Fifteen years. These includes CERXC15(PFM Crown),CERXZ15(zirconium Crown).50 years limited warrantyProsthesis, are warranted against defect for Fifty years. These includes P-Meta 50(PFM Crown).100 years limited warrantyProsthesis, are warranted against defect for hundred years. These includes Adamus-100(Zirconium Crown).
CERX DENTAL manufactures all Prosthesis according to specifications as submitted to the lab. EXCEPT FOR THE EXCLUSIVE LIMITED WARRANTY OF REPAIR AND REPLACEMENT AS PROVIDED ABOVE, CERX DENTALHAS 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 PROSTHESIS, ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OR CAPACITY OF MATERIALS IN THE PROSTHESIS OR WORKMANSHIP IN THE PROSTHESIS, 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 Prosthesis, the use thereof, or the failure or operation thereof.Except where prohibited by law, CERX DENTALWILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE USE OF A PROSTHESIS, 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 PROSTHESIS; 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 PROSTHESIS OR THE PROSTHESIS 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 CERXs choice), and hold CERX DENTAL harmless from (without any condition that company or representatives first pay) all losses, and claims for damages and expenses including, without limitation attorneys fees, which may be asserted against or incurred by CERX DENTAL or its agents, officers, and representatives. made by any third parties including the customers 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.
CERX DENTAL reserves the right to modify or withdraw this limited warranty statement at any time without notice. Any such modification or withdrawal will not affect Prosthesis already installed, and fully paid by the Customer/Customer to CERX, prior to the date thereof.
This Limited Warranty Statement constitutes the entire agreement and understanding between Customer and CERX, superseding any prior agreements and understandings, and governs your use of our Prosthesiss 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 Prosthesis 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 CERX General Conditions of Sale, are valid and enforceable and may be assigned by CERX, 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 franchiser-franchisee relationship is intended or created by this Statement or any Agreement.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.