Limited Warranty / Limitation of Liability

Every certified Restoration from AMS Dental Technologies, Inc. (AMSDTI) comes with a Limited Warranty, backed by The AmericaSmiles Network, and designed to give our customers confidence in the workmanship and quality of the restoration services. The AmericaSmiles Network (“AmericaSmiles”), a division of United Dental Resources Corporation, is a membership-based national network of dental labs that provide dental laboratory services (“Restorations”) in the belief that these restoration services will be useful, but without any implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE - except that, subject to the return, warrants these restoration services shall be free from defects in material and workmanship for a period of seven (7) years from the date of installation by the Dentist of Record (“Dentist”).

The Limited Warranty applies and is limited as follows:

  1. To the Restoration that has not been subject to accident, misuse or abuse.
  2. To the Restoration that has not be modified, altered, defaced, or had repairs made or attempted by other than AMSDTI or the Dental Lab to whom the Restoration has been provided (“Client”).
  3. A claim be submitted to AMSDTI within 30 days of the first knowledge of defect by the Client.
  4. That AMSDTI be given first opportunity to, in its sole discretion, make any repairs, replacements or corrections to the defective workmanship at no cost to the Client within a reasonable period of time. The repair or replace warranty extends strictly to the digital file as originally scanned from the original model or impression, and is AMSDTI’s sole obligation and Client’s sole remedy: Client agree that all other costs, such as but not limited to, the cost to finish the Restoration, and cost of removal and installation of the replacement restoration.
     
    Except where prohibited by law, THE AMSDTI AND AMERICASMILES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE USE OF DEVICES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, regardless of the theory asserted, including warranty, contract, negligence or strict liability.

You agree to indemnify and hold the AMSDTI and AmericaSmiles harmless from and against any claim or demand, including reasonable attorneys fees, made by any third party due to or arising our of your use of said devices. AmericaSmiles and AMSDTI do not guarantee the performance of independent carriers. You acknowledge that limitations on liability are a usual part of business-to-business relationships, and a common practice in the dental industry, and that such limitations as specifically stated above are relied upon by AMSDTI when establishing the cost of providing dental laboratory services to your order. All matters arising from said relationship shall be interpreted and enforced in accordance with the laws of Illinois.