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 Road
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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