This warranty (“Warranty”) covers Cagenix® AccuFrame® Bars and Frameworks (“Products”), manufactured and distributed by Cagenix.
This Warranty is exclusively for the benefit of eligible treating clinicians (“Clinician”) and is not for the benefit of any other person or entity, including any patients, laboratories or other intermediate suppliers.
Subject to the limitations and exclusions herein, this Warranty is a lifetime warranty for the Cagenix Products.
2. SCOPE OF WARRANTY
Subject to the limitations and exclusions herein, Cagenix will provide the following benefits:
If a Product has a defect in materials or workmanship, that is if the Product does not meet the Cagenix quality standards or if the Product does not match the specifications communicated via the Cagenix Order Form prior to the design of the Product in question, then Cagenix will remake the Product at no additional charge.
Cagenix recognizes that implants sometimes fail after the Clinician has taken the implant-level impression. Cagenix will not accept any responsibility for a failed implant, but does offer the following benefit:
If the implant fails after the Product is placed on the implant together with a restoration, and taken into function, then the company that provided the failed implant should be the primary responsible party for the Clinician’s implant-related claims. However, if the implant company refuses to honor its warranty for the implant exclusively due to the use of the Products, and if the Clinician both meets the Eligibility criteria and follows the Claim Procedure below, then Cagenix will reimburse the Clinician for the actual and verifiable purchase cost of a replacement implant, and will remake the Product, at no additional charge.
3. ELIGIBILITY AND CLAIM PROCEDURE
To receive benefits under this Warranty , the Clinician must comply with all of the following:
Warranty claims must be reported in writing on a claim form to Cagenix within 90 days from the date on which the claimed defect was discovered. Clinician must contact Cagenix to request a claim form and receive instructions for Product return. Reporting shall fully comply with the procedures set out in this Warranty and on the claim form; and
The completed claim form, documenting the cause of the claimed failure, must be returned to Cagenix accompanied by the Product in question within the time stated above. Any Product must be decontaminated prior to return to Cagenix; and
Clinician submitting a claim form must provide documentation of the case and demonstrate that the claim is not subject to the Warranty Exclusions stated below; and
Clinicians submitting a claim form for surgical benefits must provide documentation that the implant company refused to honor its warranty exclusively due to the use of the Products, and provide the receipt/invoice for the replacement implants for reimbursement; and
Clinician making a claim under this Warranty must be current in all amounts owed to Cagenix at the time when the claim form is submitted; and Cagenix will determine the validity of a claim under this Warranty after it has received the claim form, the Product and all other required materials. Transport costs and transport risk shall be borne by the Clinician. The cost of return shipment shall be borne by Cagenix in cases covered by this Warranty.
Cagenix shall not provide benefits under this Warranty if:
the failure is caused by a trauma, an accident, or by any other damage caused by the patient or a third party; or
the failure is caused by implants placed in patients with accepted contra-indicated conditions to successful implant integration, including but not limited to diseases related to alcoholism, uncontrolled diabetes, and habitual drug dependency;
any procedures using Products (and implants) – before, during and after implantation – are not performed in accordance with the Cagenix and, as applicable, the implant company’s design parameters, protocols, guidelines and instructions, as well as generally accepted standards of dental practice. Design parameters and instructions for use of the Products can be found in the current Procedure and Laboratory Manual for the Cagenix AccuFrame System;
the Clinician, laboratory, patient or other party alters the Product framework in any way; or
the failure is due to normal wear and tear.
5. GENERAL LIMITATIONS; NO OTHER WARRANTIES
Except for the express terms of this Warranty, neither Cagenix nor any representatives, distributors or other third parties makes any representation, warranty, covenant or other agreement, express or implied, written or oral, with respect to the Products, including (without limitation) any implied warranties of merchantability, durability or fitness for a particular use or purpose.
To the maximum extent permitted under the applicable law, Cagenix disclaims (on behalf of itself and any of its representatives, distributors or other third parties with respect to the Products) any and all liability for lost earnings, income or profits and any other direct or indirect, incidental or consequential
damages resulting or arising from the design, composition, condition, use or performance of the Products. Cagenix further disclaims (on behalf of itself and any of its representatives, distributors or other third parties with respect to the Products) any and all liability arising from any failure of a Clinician to conform to generally accepted standards of dental practice or any errors in professional judgment.
For the avoidance of doubt, this Warranty and the benefits and remedies provided herein, shall be the sole and exclusive warranty and remedy with respect to the Products and the subject matter of this Warranty, and shall exclude any other rights, benefits and/or remedies, such as claims for payment or reimbursement of laboratory and clinical treatment related fees and costs.
6. MODIFICATION OR WITHDRAWAL OF THE WARRANTY
Cagenix reserves the right to modify or withdraw this Warranty at any time without notice. Any such modification or withdrawal will not affect Products that have been installed in a patient and for which Cagenix has been fully paid prior to the date of such modification or withdrawal.
7. OTHER DOCUMENTATION
This Warranty shall apply alongside, and in addition to, any terms set out in Cagenix’s general conditions of sale and any Product inserts, provided that nothing in such documents shall be deemed to modify or supplement the terms of this Warranty and if there is any inconsistency or ambiguity the terms of this Warranty shall govern.
THIS WARRANTY IS VALID AS OF OCTOBER 15, 2010.