Limited Warranty and BruxZir Zirconia Lifetime Performance Warranty/Replacement Policy/Limitation of Liability

Las Vegas Digital Dental Solutions (“the lab”) warrants that all dental devices (a “device”) are made according to your specification and approval in the belief that the device will be useful and MAKES NO OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS OTHERWISE EXPLAINED IN THE BRUXZIR ZIRCONIA LIFETIME PERFORMANCE REPLACEMENT POLICY DESCRIBED BELOW. Subject to the return of a device that is placed and then fails, the lab will repair or replace the device without charge for the cost of materials and workmanship or refund the original price paid, at the lab’s option, as follows:

• BruxZir Zirconia restorations, including restorations over implants, manufactured by the lab are warranted for the life of the patient originally receiving the restoration from the date of placement. This limited lifetime performance warranty shall apply to direct end-user customers (treating clinicians) only.
• Custom implant abutments manufactured by the lab are warranted for the life of the patient originally receiving the restoration from the date of placement (including replacement of a device that was made by the lab that was attached to said abutments).
• Mandibular advancement devices manufactured by the lab up to 2 years if the failure is due to defects in materials or workmanship.
• Thermoformed appliances, thermoformed splints and the Comfort3D Bite Splint if the failure is due to defects in materials or workmanship, and Maryland and inlay/onlay bridges manufactured by the lab up to 6 months.
• Provisional implant prosthesis manufactured by the lab up to 60 days.
• All other dental devices manufactured by the lab up to 30 days if the failure is due to defects in materials or workmanship.

This warranty is exclusively for your benefit, is not transferable and does not extend to any patients. You agree to pay all other costs of adjustment, repair and replacement of a device, including any chair time. Except where prohibited by law, the lab 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. In the event of a dispute and absent an amicable resolution the parties mutually agree to waive class actions in favor of mandatory individual arbitration of claims under this limited warranty in and in accordance with the laws of Nevada and the Federal Arbitration Act (“FAA”) to the maximum extent permitted by law. The lab does not guarantee the performance of independent carriers used to transport the devices.

NOTWITHSTANDING THE ABOVE, YOU UNDERSTAND AND AGREE THAT THE LAB WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR RELATIONSHIP WITH THE LAB, WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE IN ANY EVENT THAT THE LAB’S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM THE LAB’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE LAB FOR THE DEVICE(S) AT ISSUE.

[Revised Form 15-Apr-2021]