ROE Dental Laboratory Warranty Statement
We, ROE Dental Laboratory (“ROE” or “Company” or “us”), desire you, the dentists, clinicians, and medical professionals (“Customer”) ordering dental devices (Device), satisfaction with the Device you have purchased. If the 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 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 the 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 warranty period from original date of delivery remains intact.
2. 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. Roe does not warrant work initially fabricated by another company. ROE 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 ROE 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.
3. 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. ROE maintains the sole right to decide if adjustment or replacement of the Device is appropriate for the desired correction.
4. Limited Warranty Periods
Temporary Appliances & Repairs are warranted against defects for 60 days due to the higher incidence of damage or ill-fit caused by intermittent wear, dental, skeletal or muscular changes, or intended for provisional, diagnostic, therapeutic, orthodontic purposes. These include but are not limited to: relines, relines with soft liners, repairs of all kinds, welds, Flexsil gaskets, bleaching trays, protective mouth guards, Comfort H/S or H/H splints, Essix appliances, Maryland bridges, surgical stents, temporary crown and bridges. Flippers, Valplast and all acrylic partials with recent or immediate extractions.
Short Term and Removable Appliances are warranted against defect for one year. These include but are not limited to: repairs completed with FiberForce (extends warranty 10 month), all splints, Snap On Smile, all orthodontic appliances, economy dentures, TLZ-IB Prototype, partial dentures (casting and acrylic, full dentures, clear frame appliances and Non-immediate flippers, all acrylic partials and Valplast.
Fixed Restorations & Select Removables Appliances are warranted against defect for two years. These include but are not limited to: Emax Monolithic, eMax layered (anterior), PFZ porcelain to zirconia, PFM porcelain to metal, full cast metal, Hybrid Denture (Acrylic with Denture Teeth), Overdenture (not attachment replacement), Wironium Framework (extends framework warranty 1 year), Hybrid Denture (conventional) against acrylic breakage only.
Zirconia and Select Implant Prosthetics are warranted against defect for five years. These include but are not limited to: BruxZir Monolithic, TLZ-SR, iRis, iRis Zi abutment, TLZ-IB (Prettau zirconia bridge), Hybrid Denture (Milled teeth and base)
TLZ restorations, Bars, iRis Ti Abutments are warranted against defect for ten years these include but are not limited to: TLZ Monolithic, iRis CAD Bars and abutments.
5. Extended Implant Limited Warranty (iRis Bars and Abutments)
ROE recognizes that implants sometimes fail after the Customer has taken fixture or abutment level implant impression. ROE will not accept any responsibility for a failed implant, but does offer the following benefits:
If the implant fails after the final restoration is placed and taken into function, then the company who provided the failed implant should be the primary resource for the Customer’s implant-related claims. However, if the implant company refuses to honor their warranty for the implant (exclusively due to the use of the Devices), and the Customer both meets the “Eligibility” criteria and follows the “Claim Procedure” below, then ROE will reimburse the Customer for the actual and verifiable purchase cost of a replacement implant of the identical implant make and model (with the exception of changes to diameter and/or length), and will remake the Device at no additional charge. If the implant fails before the Device has been placed on the implant (unless otherwise explicitly covered under the separate ROE Implant System warranty), then ROE will in no case be responsible for replacing the implant. The benefits set out above constitute ROE’s sole obligation, and the Customer’s sole remedies, with respect to the Devices and the subject matter of these terms and conditions.
To receive benefits of the limited warranty regarding iRis Bars and Abutments, the Customer must comply with all of the following additional requirements: Warranty claims must be reported to ROE within ninety (90) days from the date on which the claimed defect was discovered. Reporting shall fully comply with the procedure set out herein. Customer shall contact the ROE representative to request an Extended Implant Limited Warranty Claim Form and receive instructions for Device return; and the completed claim form, documenting the cause of the failure as well as the implant company’s refusal to support their Device, and proof of original purchase must be returned to ROE accompanied by the Device in question within the time stated above. Any Device must be decontaminated prior to return to ROE.
6. Disclaimer of All Other Warranties
ROE manufactures all Devices according to specifications as submitted to the lab. EXCEPT FOR THE EXCLUSIVE LIMITED WARRANTY OF REPAIR AND REPLACEMENT AS PROVIDED ABOVE, ROE 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, ROE 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 INCIDENTIAL 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 Roe’s choice), and hold Roe 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 Roe 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,
8. Modification or withdrawal of the limited warranty
ROE 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 ROE, prior to the date thereof.
9. Miscellaneous Terms
This Limited Warranty Statement constitutes the entire agreement and understanding between Customer and Roe, 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 ROE’s General Conditions of Sale, are valid and enforceable and may be assigned by ROE, 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.
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.
© Copyright 2015, Roe Dental Laboratory. All Rights Reserved.