Pala Digital Design Terms of Sale
These 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, dental offices (“Dentists” or “you”) and a dental laboratory that participates in the sale of our products (each a “Participating Dental Professional”).
These Terms constitute a binding legal agreement between us and the Participating Dental Professional. By ordering downloads 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.
Types of Sales
This Site provides Products to be ordered by a licensed dentist or laboratory to be paid for through credit card or pre-arranged method with Kulzer. If your dental laboratory or dentist is not a Participating Dental Lab or Dentist with Kulzer, and you wish to use our site, please call us at 800-431-1785. If you have any questions regarding the design or download process, please call us at 800-431-1785 or by email at email@example.com.
Pricing, Taxes, Pricing Errors
PRICES 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.
The Products are delivered as downloadable files described within this site. Products will only be downloadable with in the United States or Canada.
Customer Responsibility for Finished Designs, Images and Products; Disclaimer of Warranties as to Professional Services
Customer is fully responsible for all Customer Data provided to Pala Digital Design. For the avoidance of any doubt, (a) if Customer is a prescribing clinician, Customer is responsible for viewing and approving the resulting designs from Pala Digital Design and (b) if Customer is not the prescribing clinician, Customer is responsible for ensuring that the resulting designs from Pala Digital Design meets the requirements of its clinician customer. Pala Digital Design makes no warranties or representations to Customer, its Users or any third party(ies) regarding the accuracy of any information provided to Pala Digital Design and the resulting designs produced by Pala Digital Design, nor does Pala Digital Design make any warranties or representation as to the dental products produced therefrom. Pala Digital Design uses the Pala Digital Design website to transmit and deliver the finished designs to the integrated manufacturers, laboratories, and clinicians as a file transfer system. All files that are designed using Pala Digital Design will be sent to the Customer directly and the Customer is solely and fully responsible and liable for the final product(s) produced therefrom.
Warranty Information / Return Procedures
Kulzer provides the following warranty for the Pala Digital Design products when the products are used properly in the applications for which they were intended:
Pala Digital Design download files are warranted if and only if they are due to problematic issues caused solely from errors made by Kulzer and the website platform, and if Customer notifies Kulzer in writing of the issue within two (2) months of the received date. Warranty may be considered under the following circumstances:
- Final files downloaded do not reflect or match the final design generated through Pala Design.
All refunds or credits will be issued after the issue is reviewed by Kulzer and the Pala Laboratory.
*Kulzer is not liable and will not provide a warranty for dentures printed, nested or finished improperly and not printed on the cara Print 4.0. Please consult the Kulzer application guide for clear instructions.
Limited Warranty and Warranty Disclaimer
THE 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.
Limitation of Liability
IN 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.
Warranty Disclaimer and/or Limitation of Liability May Not Apply
Some 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
Dentist 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 Design products if such license expires, is not valid, is revoked, suspended or otherwise jeopardized at any time during treatment with Kulzer Pala Digital Design products; (iii) Dentist’s use of Kulzer Pala Digital Design products will be in accordance with generally accepted business or medical standards and shall comply with Kulzer Pala Digital Design 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 Design 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 Design website to verify that Dentist is aware of any changes to Pricing, Terms & Conditions for Pala Digital Design; (vi) Dentist will provide, upon request, feedback regarding the status of a patient’s treatment and the success of the Kulzer Pala Digital Design service or product, and Kulzer may use such information for promotional, education or other publication purposes.
Incorporation of Auxiliary Techniques
Dentist is responsible for the treatment outcome and any additional costs of auxiliary treatment used to achieve a desired outcome with the Pala Digital Design products.
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.
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.
If any 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.
These 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.
Each party must perform its obligations under these Terms in compliance with all applicable international, federal, state and local laws, regulations and ordinances.
Any 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.
How to Contact Us
If you 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 at paladigital.@kulzer-dental.com.