|
Terms and Conditions of Sale
The followings are the terms and conditions under which Dentium USA Inc. sells its products.
Governing Terms.
Any shipment of products shall be deemed to be on the terms and conditions stated herein. Any and all terms and conditions
submitted by Purchaser are hereby rejected.
Taxes.
The prices set forth herein do not included any sale, use, excise, ad valorem, property or other taxes applicable to the sale,
use or delivery of the products, all of which shall be paid by Purchaser separately or added to the contract price and paid
by Purchaser to Dentium USA Inc.
Pricing.
The prices set forth for the products are in United States Dollars.
Prices are subject to change without notice.
Payment.
Payment terms shall be as set forth under the “Terms” section on front of invoice.
Delivery.
Products sold hereunder shall by delivered F.O.B. manufacturer’s plant or distributor’s plant, as applicable. Purchaser shall
assume responsibility for all subsequent delivery or shipping charges.
Warranty.
Dentium USA Inc. or any of its affiliates makes no warranty, express or implied, except that its products shall be free
from defects in material and workmanship. This warranty applies only to the original Purchaser and is non-transferable.
In the event of a product defect, please immediately notify to Dentium USA Inc. of the defect prior to returning the product.
Devices shall be sterilized prior to return. As its sole obligation and as Purchaser’s sole remedy under this warranty,
Dentium USA Inc. will at its option, either repair, replace or issue credit for such product. Purchaser assumes all risks and
liability resulting from the use of these products, whether used separately or in combination with other products.
Education; Modification of products.
Dentium USA Inc. strongly recommends completion of formal post graduate implant education and strict adherence to the
procedures described in Dentium USA Inc.’s implant instruction manuals. Dentium Co., Ltd. Continuously strives to improve
its products and therefore reserves the right to improve, modify or discontinue products at any time, or to change
specifications of the products without notice and without incurring any obligation.
Return policy:
A Purchaser may return any Dentium USA Inc. product within 90 days of the invoice date. Dentium USA Inc. products
returned within 30 days of the invoice date will be accepted without any restocking fee to the Purchaser. Dentium USA Inc.
products returned between 31 and 90 days of invoice date will be subjected to 15% re-stocking fee.
No returns over 90 days from invoice date. To return an item, contact your local sales representative or call Dentium USA
Inc. Customer Service Department for Return Material Authorization (RMA) number. RMA number does not guarantee that
the product will be accepted for return. No product returns will be accepted without RMA number. Dentium USA Inc.
product will be accepted for return only if the Dentium USA Inc. product is (1) returned in its original, unopened package
(including autoclavable products); (2) received by Dentium USA Inc. within 90 days after the invoice date for that product;
and (3) returned freight prepayed and accompanied by the Dentium USA Inc. RMA number. (4) implants and prosthetic
parts being returned for credit or exchange must have at least a 6 month shelf life remaining. Individual items from a kit
cannot be returned for credit.
Previously exchanged items cannot be returned for credit. Please do not give any item(s) to be returned to your local
Sales Representative. All products must be sent directly to Returns Department of Dentium USA Inc. Procedures and policies
as stated are subject to change without prior notice.
Exchange Policy.
Dentium USA Inc. products may be exchanged within 180 days of the invoice date, without a re-stocking fee, for other
Dentium USA Inc. products of equal or lesser value within the same product family as determined by Dentium USA Inc.
(ex. implant for implant, abutment for abutment, bone graft material for bone graft material). Dentium USA Inc. products
maybe exchanged within 180 days of the invoice date for other Dentium USA Inc. products of greater value within the same
product family as determined by Dentium USA Inc. (ex. implant for implant, abutment for abutment, bone graft material
for bone graft material) with the price differential paid by the Purchaser. In both cases, the exchanged Dentium USA Inc.
product must be (1) returned in its original, unopened package ( including autoclavable products); (2) a currently offered
Dentium USA Inc. product ( discontinued product not included); (3) returned freight prepaid and accompanied by the
Dentium Return Material Authorization number provided by Dentium USA Inc’s Customer Service Depatment.
Licenses, permits and export control.
The timely securing of permits, licenses or other local, state or federal governmental approvals required in connection
with Purchaser’s use of any products hereunder shall be the sole responsibility of Purchaser and Purchaser shall bear the
cost thereof. Unless otherwise agreed between Dentium USA Inc. and Purchaser, products sold hereunder are only for use
in the United States. Purchaser agrees that Purchaser will comply fully with all applicable state and federal laws and
regulation and Purchaser shall indemnify Dentium USA Inc. for all losses, damages and penalties incurred as a result of any
violation of applicable state or federal law or regulations.
Force Majeure.
Dentium USA Inc. shall not be liable for any loss or damage due to failure or delay arising out of any cause beyond the
reasonable control of Dentium USA Inc. In the event of any failure or delay resulting from such causes, an equitable
adjustment of delivery and any other appropriate terms and conditions shall be made. No such failure or delay shall be the
basis for an increase in neither Dentium USA Inc’s obligations nor any termination by Purchaser.
Limitation of Liability.
Except for the warranty expressly described in “Warranty” paragraph above, neither Dentium USA Inc. nor any of its affiliates
makes any other warranty with respect to the Dentium USA Inc. products, express or implied, written oral including,
without limitation, any implied with warranty of merchantability, or a warranty of fitness for a particular purpose.
Neither Dentium USA Inc. nor any of its affiliates shall be liable for business interruption, loss of profits, special, indirect,
incidental or consequential damages of any nature and from any cause whether based in contract, tort (including negligence)
or other legal theory, event if Dentium USA Inc. or any of its affiliates has been advised of the possibility of such damages.
Validity.
If any provision of these Terms and Conditions, is found to be illegal or unenforceable in any respect, such illegality or
unenforceability shall not affect any other provision of these Terms and Conditions, all of which shall remain enforceable in
accordance with their terms.
General Provisions.
The purchase of the products and these Terms and Conditions are governed by the laws of California, without regard to
conflicts of law principles. This document incorporates all oral and written representations between the parties and
constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof and supercedes
any and all other agreements either oral or written between the parties with respect to such subject matter. No amendment
or modification may be made to this document unless in writing and duly executed by an authorized representative of
Dentium USA Inc.
Caution.
Federal (U. S.) Law restricts these devices to sale by or on the order of a licensed healthcare practitioner. Devices labeled
“Sterile” are certified to be sterile unless package is opened or damaged.
Patent Notice.
Dentium USA Inc. products are protected by patents issued by the United States of America and other countries.
|