BISCO
extends the following warranty to all licensed dentists
in the United States who purchase BISCO'S Fiber Posts
(the "Product") from BISCO, and who use
the Product in any of its intended applications. In the
event any part of the Product is found to be defective
and is reported to BISCO within 2 years after the date
of purchase, BISCO will replace such defective Product
free of charge. Please submit proof of purchase showing
the vendor and date of purchase, a written summary of
your claim, and, if available, any unused portion of the
Product from the same lot that contains the portion of
Product which is claimed to be defective. This General
Product Warranty (the "Warranty") is the only
warranty extended automatically by BISCO with respect
to this Product. Any and all other express or implied
warranties, including warranties of merchantability, fitness
for particular purpose, and each and all warranties as
may be otherwise implied as a matter of law, are hereby
excluded and disclaimed. This Warranty is not assignable
or transferable, and shall extend only to the original
purchaser of the Product. An additional Limited Warranty
is available by registration only. The terms and conditions
for the Limited Warranty are listed as follows. Contact
customer service at Bisco (847) 534-6000 or e-mail us
at warranty@Bisco.com
for further information.
BISCO'S LIMITED REGISTRATION WARRANTY
The BISCO Limited
Registration Warranty (the "Limited Warranty")
is in addition to BISCO'S General Product Warranty,
and covers placements using BISCO'S Fiber Posts (the
"Product") by licensed dentists in the United
States who purchase the Product from BISCO. This Limited
Warranty is the only warranty extended in addition to
BISCO'S General Product Warranty. Any and all other
express or implied warranties, including warranties
of merchantability, fitness for particular purpose,
and each and all warranties as may be otherwise implied
as a matter of law, are hereby excluded and disclaimed.
This Limited Warranty will apply only to a patient where
the placement of the Product was properly registered
by properly submitting the Warranty Registration Card
(the "Registration Card"). The terms of this
extended Limited Warranty are as follows:
1. ELIGIBLE DENTISTS
This Limited Warranty
is only extended to licensed dentists in the United
States who retreat a post and prosthesis placement,
where such placement was originally performed using
the Product in accordance with the Product instructions
(and together with the other materials specified by
BISCO for bonding, product cementation and core build-up),
and was registered in accordance with the "Registration
Procedure" outlined below. This Limited Warranty
only applies to claims made within the "Warranty
Territory" and during the "Warranty Period"
described below.
2. WARRANTY TERRITORY
This Limited Warranty
only applies in cases where the original treatment and
the prospective re-treatment is performed by an "Eligible
Dentist" in the United States.
3. WARRANTY PERIOD
This Limited Warranty
only applies to claims submitted in writing to BISCO
within ninety (90) days after the need for re-treatment
is diagnosed, and in any event within six (6) years
after final cementation of the original treatment.
4. REGISTRATION
PROCEDURE
Within not more
than 30 days after final cementation of an original
placement using the Product, the Eligible Dentist who
performed the placement must send a fully completed
"Registration Card" to BISCO together with
pre-operative and post-operative radiographs and a true
and correct copy of his or her statement of fees and
services for the original placement. Registration Cards
are supplied in packages of ten (10) for that purpose.
Only one procedure may be registered on a single card.
The information submitted on a Registration Card shall
be considered conclusive and binding with respect to
any claim.
5. LIMITED REGISTRATION WARRANTY
Subject to the terms
and conditions described above, in the event an original
post and prosthesis placement made by an Eligible Dentist
using the Product within the Warranty Territory and
registered in accordance with the Registration Procedure,
fails primarily as a result of the fracture of the Product,
and such failure is reported to BISCO in writing within
the Warranty Period, and a re-placement is odontologically
necessary, BISCO will: (i) provide a comparable replacement
post free of charge; and (ii) reimburse the Eligible
Dentist's reasonable fee, including laboratory fees,
for the initial placement of the post and prosthesis.
This Limited Warranty is also subject to the limitations
and exclusions described below.
6. LIMITATIONS
This Limited Warranty
is limited as follows:
a. This
Limited Warranty does not cover re-treatment
in the absence of odontological necessity. In
order for this Limited Warranty to apply, a
demonstrable need for re-treatment must be evident
and necessary in order to achieve an odontologically
acceptable result.
b. Re-treatment
may not be commenced before a written claim
is submitted to BISCO, except in emergency cases
involving imminent risk of substantial harm
to the patient; and must in any event be commenced
within ninety (90) days after the need for re-treatment
is diagnosed, unless BISCO agrees in writing
to extend said ninety-day period. Failure to
commence re-treatment within such time period
invalidates this Limited Warranty with respect
to the particular placement involved.
c. Time
is of the essence with respect to the Registration
Procedure and Warranty Period. Submission of
an untimely, inaccurate or incomplete registration,
or assertion of an untimely, inaccurate or untrue
claim will invalidate the Limited Warranty with
respect to the particular placement involved.
d. The Eligible
Dentist submitting a claim under this Limited
Warranty will provide to BISCO free of charge,
at BISCO'S request, all pertinent patient records,
charts, radiographs, photographs, laboratory
prescriptions, and such other documents as may
relate to the original treatment and the contemplated
re-placement, to enable BISCO to determine whether
Limited Warranty coverage exists.
e. BISCO'S
liability under this Limited Warranty is limited
to, and shall not, in any event, exceed the
reasonable cost of the original treatment using
the Product, and of the prosthesis cemented
to the Product.
f. This
Limited Warranty is limited to the replacement
of the post and prosthesis. It does not include
any costs, fees or charges incurred in re-cementation
due to debonding (separation of the post or
post core from the tooth).
g. This Limited Warranty does not provide remuneration
for any value-added costs; interest; the inability
to use the Product or related products; business
interruption losses, costs or damages; damage
to reputation; and any and all other consequential
or indirect costs, losses or damages.
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7. EXCLUSIONS
In addition to the
exclusions provided in or as a result of failure to
comply with any of the requirements listed in the foregoing
paragraphs, this Limited Warranty shall not apply if:
a.
The failure of the Product is not the primary
cause of the need for re-treatment;
b. The Product
was not initially placed according to the instructions
supplied by BISCO or the initial placement was
not performed utilizing materials specified
by BISCO for bonding, Product cementation or
core build-up;
c. The post
was not properly located at the time of its
initial placement, causing root perforation
or other impingement or injury which contributed
to the need for re-treatment; or
d. The prosthesis
was subjected to extraneous trauma which contributed
in whole or in part to the need for re-treatment.
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8. ARBITRATION;
CLAIMS PERIOD
At BISCO'S sole
and exclusive election and option, disputed claims under
this Limited Warranty may be submitted to arbitration
by an independent dentist or panel of three dentists
chosen by BISCO for examination of patient charts, radiographs,
photographs, laboratory prescriptions, invoices and
any and all such other or further information as said
dentist or panel may reasonably request. The determination
of said dentist or panel of dentists shall be conclusive
and binding on BISCO, the claimant and all parties claiming
under or through them. In
the alternative, if BISCO denies coverage under this
Limited Warranty in whole or in part, in absence of
arbitration as provided above, any suit or other proceeding
challenging BISCO'S denial of coverage must be brought
within thirty (30) days after written notice of denial
of the claim is given by BISCO to the claimant.
BISCO, Inc.
1100 W. Irving Park Rd.
Schaumburg, IL 60193
U.S.A.
847-534-6000
1-(800)-BIS-DENT
www.bisco.com
IN-076R1
Rev. 10/06
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