Pala Digital Dentures Terms of Sale
Pala Digital Denture Terms of Sale
Terms of Sale (the “Terms”) govern the ordering of any products (“Products”)
through this Site, which is operated by Kulzer LLC (“Kulzer”, “we” or “us”).
This Site facilitates purchases between dentists and or dental offices (“Dentists” or “you”) and a dental laboratory that participates in the sale of our
products (each a “Participating Dental Lab”).
Terms constitute a binding legal agreement between you, us and the
Participating Dental Lab. By ordering Products through this Site (“Products”),
you signify your acceptance of these Terms, as they may be amended from time to
time, in our sole discretion. These Terms establish your rights and obligations
with respect to your purchases, including important limitations and exclusions.
All changes to these Terms are effective when posted on the Site.
By ordering Products through this Site, you certify
that you are a licensed dentist, in good standing.
Site provides Products to be ordered by a licensed dentist and paid for through
your customary methods of payment to the Participating Dental Lab. If your
dental laboratory or distributor is not a Participating Dental Lab with
Kulzer, or if you wish to find a Participating Dental Lab, please call us at
800-431-1785. If you have any questions regarding the ordering process, please
call us at 800-431-1785 or by email at email@example.com.
not accept payment through the Site. All financial transactions take place
between the dentist and the Participating Dental Lab.
Taxes, Pricing Errors
AND AVAILABLITY OF THE PRODUCTS LISTED ON THE SITE ARE SUBJECT TO CHANGE
WITHOUT NOTICE. Prices listed on the Site are quoted in U.S. Dollars. Such
prices do not include shipping and handling, expedited service, or sales taxes,
if applicable. All purchases are subject to acceptance by us, and we reserve
the right to reject any purchase order submitted through this Site for any
reason, and to limit the quantity of items purchased per order. The receipt by
you of an order confirmation does not constitute our acceptance of an order. We
reserve the right to discontinue any Product in our sole discretion without
notice. We will use reasonable efforts to notify you of any back order or unavailable
Products. If the amount you pay for an item is incorrect, regardless of whether
it is an error in a price posted on this Site or otherwise communicated to you,
or the Product is out of stock or unavailable for any reason after your order
is processed, then we reserve the right, at our sole discretion, to reject or
cancel your order and refund to you the amount you paid.
Products are shipped as described within this Site. Products will only be
shipped to a United States or Canada address. Shipping dates are approximate. It
is your responsibility to provide accurate contact information that allows the
shipper to contact you when shipment is made. We will make commercially
reasonable efforts to meet the specified delivery date or window described on
this Site or in your confirmation of purchase, but we are not liable to you if
we are unable to meet such date.
Exchanges and Refunds
attempt to describe and display the items offered on this Site as accurately as
possible. We do not warrant, however, that the descriptions or other content on
this Site are accurate, complete, reliable, current or error-free. We have used
reasonable efforts to accurately display the colors of the Products shown on
this Site, although actual Product colors may vary. We cannot guarantee actual
Information / Return Procedures
provides the following warranty for the Pala Digital Denture products when the
products are used properly in the applications for which they were intended:
Digital Denture trays are warranted for a period of six (6) months after the
date the trays are received by the dentist as follows: Kulzer will repair or
replace the Pala trays, lip ruler, jaw gauge, Pala Tracers, and demo denture
models found defective within the warranty period. Kulzer may refund the full
amount received for materials if found defective within two (2) weeks of the
Digital Dentures are warranted as follows: Kulzer will provide one (1) free
remake service for dentures found to be defective solely due to errors made by
Kulzer and the Pala Laboratory within two (2) months of the date the dentures
are received by the dentist. Pala Digital Dentures are also refundable if and
only if they are due to problematic issues caused solely from errors made by
Kulzer, and if returned to Kulzer within two (2) months of the received date.
Kulzer will consider Warranty may be
considered under the following circumstances: (i) Final denture does not
reflect the prototype and/or adjustments made and requested by the doctor; or (ii)
The teeth and/or gum shade does not reflect the choice made by the doctor.
All refunds or
credits will be issued after all of the corresponding products are returned to
Kulzer and the Pala Laboratory and reviewed by Kulzer and the Pala
Laboratory. Terms of shipment are F.O.B. shipping point.
Warranty and Warranty Disclaimer
LIMITED MANUFACTURER’S WARRANTY, IF ANY, PROVIDED BY US, AND SET FORTH IN THE
INFORMATION PROVIDED ON OR PACKAGED WITH ANY PRODUCT PURCHASED THROUGH
THIS SITE, CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO SUCH PRODUCT. EXCEPT
WITH RESPECT TO SUCH MANUFACTURER’S WARRANTY, IF ANY, THE PRODUCT IS PROVIDED
ON AN “AS IS” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH RESPECT TO THE PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OF THIRD-PARTY
RIGHTS, AND ACCURACY. WE DO NOT WARRANT THAT PRODUCTS WILL IN EVERY CASE
PERFORM AS DESCRIBED ON THIS SITE OR IN THE ACCOMPANYING PRODUCT INFORMATION.
ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) WE OR THE
PARTICIPATING DENTAL LAB BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL,
OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS, ARISING FROM OR
RELATING TO THE PRODUCTS, EVEN IF WE OR THE PARTICIPATING DENTAL LAB KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) OUR OR THE
PARTICIPATING DENTAL LAB’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED
TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE PURCHASE
PRICE PAID BY YOU FOR THE PRODUCT. THIS LIMITATION IS CUMULATIVE AND WILL NOT
BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WE DISCLAIM
ALL LIABILITY OF ANY KIND OF OUR SUPPLIERS.
Disclaimer and/or Limitation of Liability May Not Apply
states do not allow the exclusion of implied warranties or the exclusion or
limitation of incidental or consequential damages, so the above limitations or
exclusions may not apply to you. This warranty gives you specific legal rights,
and you may also have other rights which vary from state to state. The
disclaimers, exclusions, and limitations of liability under this limited
warranty will not apply to the extent prohibited by applicable law.
Dentist Representations and Warranties
warrants and represents that (i) Dentist is licensed to practice dentistry in
the location of and at the time treatment is provided; (ii) Dentist will not
use Pala Digital Denture products if such license expires, is not valid, is
revoked, suspended or otherwise jeopardized at any time during treatment with
Kulzer Pala Digital Denture products; (iii) Dentist’s use of Kulzer Pala
Digital Denture products will be in accordance with generally accepted business
or medical standards and shall comply with Kulzer Pala Digital Denture product
or service specifications; (iv) Dentist takes full responsibility and is directly
and solely liable for using information obtained from the use of Kulzer Pala
Digital Denture products in the treatment of patients, including but not
limited to, achieving a desired outcome or the decision to move forward with
treatment; (v) Dentist will regularly review the Pala Digital Denture website
to verify that Dentist is aware of any changes to Pricing, Terms &
Conditions for Pala Digital Denture; (vi) Dentist will provide, upon request,
feedback regarding the status of a patient’s treatment and the success of the
Kulzer Pala Digital Denture service or product, and Kulzer may use such
information for promotional, education or other publication purposes.
Incorporation of Auxiliary Techniques
responsible for the treatment outcome and any additional costs of auxiliary
treatment used to achieve a desired outcome with the Pala Digital Denture
Records submitted to the Pala Laboratory become the property of Kulzer and the
Pala Laboratory and
will not be returned to Dentist. Records such as impressions require inspection
and may be deemed unacceptable by Kulzer and the Pala Laboratory. If deemed
unacceptable, replacement records will be requested. Physical materials such as
impressions and study models will only be maintained by Kulzer and the Pala
Laboratory for a short time period and are discarded and/or archived at the
discretion of Kulzer and the Pala Laboratory
Except for monetary obligations hereunder,
neither party shall be liable for any failure or delay in performance due in
whole or in part to any cause beyond the
reasonable control of such party or its contractors, agents or suppliers,
including but not limited to utility or transmission failures, power failure,
strikes or other labor disturbances, acts of God, acts of war or terror,
floods, sabotage, fire, natural or other disasters.
provision of these Terms is held to be unlawful, void, or for any reason
unenforceable, that provision will be deemed severable and will not affect the
validity and enforceability of the remaining provisions.
Terms are governed by the laws of the State of Indiana and controlling United
States Federal law without regard to any conflicts of law provisions. All parts
of these Terms apply to the maximum extent permitted by law. Both parties agree
that if either party cannot enforce a portion of these Terms as written, then
that portion will be replaced with terms that most closely match the intent of
the portion that cannot be enforced to the extent permitted by law. The
invalidity of part of these Terms will not affect the validity and
enforceability of the remaining provisions. The section headings are for
convenience and do not have any force or effect. Except as otherwise prohibited
by law, any claim or dispute must be brought within one (1) year from the date
such cause of action arises. Any claim or dispute arising out of or relating to
any Product or these Terms is subject to the exclusive jurisdiction of state or
federal courts located in South Bend, Indiana, and you hereby consent and
submit to the personal jurisdiction of such courts.
defined therein or that we may post on the Site constitute the entire agreement
between us and you in connection with your purchase of any Products and
supersedes any prior agreements between us and you regarding such purchases,
including prior versions of these Terms.
party must perform its obligations under these Terms in compliance with all
applicable international, federal, state and local laws, regulations and
rights or obligations hereunder may not be transferred or assigned by you
without our prior written consent. We may freely assign and delegate any of our
rights or obligations hereunder.
agree and understand that it is necessary for us to collect, process and use
the information you submit to us in order to sell Products and confirm
compliance with applicable laws in respect of your transaction. We will protect
have any questions about these Terms, please write to us at Kulzer LLC,
4315 S. Lafayette Blvd., South Bend, IN 46614, or by phone at 800-431-1785 or by email
Terms of Sale: Last updated April
___ , 2014