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Glidewell Direct ("GD") warrants all equipment and materials manufactured by GD and bearing its name to be free from defects in material and workmanship on the date of sale by an authorized GD representative to the original purchaser for use. With the exception of any special, extended, or limited warranty published by GD, GD will, for a period of thirty days, issue credit, repair or replace any part of the equipment determined by GD to be defective. This warranty applies only when the equipment is operated and/or installed and maintained in accordance with GD’s written recommendations.
This warranty does not cover, and GD shall not be liable for: general wear and tear, or any malfunction, damage or wear caused by faulty installation, misapplication, abrasion, corrosion, inadequate or improper maintenance, negligence, accident, tampering, or substitution of non-GD component parts. Nor shall GD be liable for malfunction, damage or wear caused by the incompatibility of GD equipment and materials with structures, accessories, equipment or materials not supplied by GD, or the improper design, manufacture, installation, operation or maintenance of structures, accessories, equipment or materials not supplied by GD.
This warranty is conditioned upon the prepaid return of the equipment or materials claimed to be defective to GD for verification of the claimed defect. If the claimed defect is verified, GD will repair or replace free of charge any defective parts. The equipment or material will be returned to the original purchaser transportation prepaid. If inspection of the equipment does not disclose any defect in equipment, material or workmanship, repairs will be made at a reasonable charge, which may include the cost of parts, labor, and transportation.
THIS WARRANTY IS EXCLUSIVE, AND IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
GD’s sole obligation and the buyer’s sole remedy for any breach of warranty shall be as set forth above. The buyer agrees that no other remedy (including, but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property, or any other incidental or consequential loss) shall be available. Any action for breach of warranty must be brought within one year beyond warranty expiration.
GD makes no warranty, and disclaims all implied warranties of merchantability and fitness for a particular purpose in connection with accessories, equipment, materials or components sold but not manufactured by GD. These items sold, but not manufactured by GD (such as thermoforming equipment and supplies, scanners, mills, etc.), are subject to the warranty, if any, of their manufacturer. GD will provide purchaser with reasonable assistance in making any claim for breach of these warranties.
In no event will GD be liable for indirect, incidental, special or consequential damages resulting from GD supplying equipment hereunder, or the furnishing, performance, or use of any products or other goods sold hereto, whether due to a breach of contract, breach of warranty, the negligence of GD, or otherwise.
Prismatik Dentalcraft, Inc. ("Prismatik"), is the manufacturer of dental products (the "product"), including Inclusive® Dental Implants ("implants"). Prismatik and Glidewell Direct hereinafter are referred to collectively as Glidewell. For a period from the original purchase date of seven (7) years for implants and six (6) months for ceramic blanks and any other product (“the warranty period”), Glidewell will at its option replace or refund the purchase price of any product, to the original purchaser (“user”), that is returned due to defects in material and manufacture.
NO GUARANTEE OR WARRANTY IS IMPLIED OTHER THAN EXPRESSLY STATED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Glidewell shall not be liable for any incidental or consequential damages, whether foreseeable or not, caused by defects in the product or dental devices produced using said product. User is responsible for determining the suitability of the product for user’s application. If this product is defective within the warranty period, user’s exclusive remedy and Glidewell’s sole obligation shall be replacement or refund of the purchase price of the product. For replacement or refund under this warranty, the original purchaser shall send the product at its own expense, postage prepaid, to Glidewell Direct, 18551 Von Karman Ave., Irvine, CA 92612.
LIMITED WARRANTY/LIMITATION OF LIABILITY: Glidewell Laboratories ("the lab") provides dental laboratory services ("devices") in the belief that such devices will be useful but WITHOUT ANY WARRANTY – without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE – except that, subject to the return of devices that are placed and then fail, the lab will, in its sole discretion, either repair or replace such devices without charge for the lab’s cost of materials and workmanship or refund the original price paid, for a period of ninety (90) days from the date of delivery (hereafter referred to as the lab’s "remake warranty"). The remake warranty does not cover breakage resulting from accident or misuse. The lab’s remake warranty is the lab’s sole obligation and the client’s sole remedy: you agree to pay all other costs, such as but not limited to the cost of preparation or veneering.
Except where prohibited by law, THE LAB WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE USE OF DEVICES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, regardless of the theory asserted, including warranty, contract, negligence or strict liability.
You agree to indemnify and hold the lab harmless from and against any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of said devices. The lab does not guarantee the performance of independent carriers. You acknowledge that limitations on liability are a usual part of business-to-business relationships, and a common practice in the dental industry, and that such limitations as specifically stated above are relied upon by the lab when establishing the cost of providing dental laboratory services to your order. All matters arising from said relationship shall be interpreted and enforced in accordance with the laws of California.