1. It is the responsibility of the Providing Dentist to advise the patient of the terms and conditions of this Purchase Order.
2. Offer and acceptance: When correctly completed by the Providing Dentist and received by SomnoMed, this laboratory form constitutes an offer by the Providing Dentist to purchase from SomnoMed a custom made dental appliance. SomnoMed will commence manufacture of the appliance upon receipt of this correctly completed form and such performance constitutes SomnoMed’s acceptance of the Providing Dentist’s offer to purchase.
3. Delivery and risk of loss: The appliance will be delivered to the Providing Dentist at the dentist’s address as it appears on the laboratory form. Upon delivery, the risk of loss will pass to the Providing Dentist, and the Providing Dentist will be obligated to pay as set out in paragraph 9.
4. Cancellation: This Purchase Order may be cancelled within 48 hours of its receipt by SomnoMed, but the Providing Dentist will be obligated to pay 30 per cent of the purchase price. After 48 hours, the manufacturing process of the appliance will have advanced to the point that cancellation will no longer be practical. After 48 hours, the Providing Dentist will be obligated to pay the full purchase price of the appliance.
5. Impressions and casts: Stone models (casts) are the preferred method of supplying impression details to SomnoMed. When such details are supplied as a stone model, SomnoMed accepts responsibility for the accuracy of the dental appliance made from the model. SomnoMed warrants the fit of the device to the supplied stone model. In such cases where the stone model does not match the dentition of the patient, SomnoMed cannot guarantee the fit of the appliance to the patient.
If a stone model cannot be supplied, PVS impressions will be accepted, but the Providing Dentist is responsible for the accuracy of the appliance made from the impressions. Impressions can deteriorate over time, be distorted or be damaged in transit, and SomnoMed cannot guarantee the accuracy of an appliance made from impressions.
Impressions made from alginate and sent to SomnoMed are unacceptable. Orders based on such impressions will be rejected by SomnoMed and returned to the Providing Dentist at the Providing Dentist’s expense.
If the appliance does not adequately fit the patient’s mouth:
a. Responsibility will be borne by SomnoMed if the appliance does not fit the stone model; or
b. Responsibility will be borne by the Providing Dentist if the appliance fits the stone model.
SomnoMed reserves the right to waive its warranty of the device where supplied impressions and casts are not supplied according to the terms and conditions above.
6. Delays in manufacture: SomnoMed will endeavour to supply the appliance to the Providing Dentist within 21 days from SomnoMed’s receipt of this Purchase Order provided all information requested herein is complete and the order complies with all terms and conditions stated herein. Because unforeseen and unanticipated circumstances can delay manufacture and shipment of the appliance, SomnoMed cannot guarantee delivery of the appliance within a particular timeframe. It is the responsibility of the Providing Dentist to advise the patient that delivery of the appliance cannot be promised by a specific date and that delays are possible.
7. Warranty: SomnoMed warrants all products supplied under this Purchase Order to be free from defects in materials and workmanship for a period of:
24 months for all SomnoDents made during or after January 2010
12 months for all SomnoDents made prior to January 2010
12 months for all SomnoBrux splints
from the date of invoice.
SomnoMed gives no warranty that the appliance will be efficacious in the treatment of snoring, Obstructive Sleep Apnea or bruxism.
a. A SomnoMed warranty is invalidated if the patient has subsequent substantial restorative work.
b. Additionally, SomnoMed products are covered only for in-mouth breakage.
c. The warranty covers only repair of the appliance. If new casts or impressions are required, the warranty is void. In such cases SomnoMed offers to remake the appliance at a reduced cost.
d. Warranty work may only be carried out by an authorised SomnoMed facility.
e. Repairs not covered under warranty include, but are not limited to: reset bites, acrylic fracture; clasp repair; wing repair; and other damage not caused by manufacturing defects. For example repairs caused by defective or distorted models, defective or distorted bite records, calculus deposits and device modifications made by non SomnoMed authorised technicians.
8. Service and support: Defects in materials and workmanship within the warranty period will be repaired by SomnoMed at no cost to the Providing Dentist or the patient. Service and repairs cannot be undertaken at any location except SomnoMed’s authorised facility. Service and/or repairs will be completed as soon as reasonably practical, and the appliance will then be returned to the Providing Dentist. SomnoMed will only return serviced or repaired appliances to the Providing Dentist unless authorised otherwise by the dentist.
SomnoMed reserves the right to replace a defective appliance with a new appliance at no cost to the Providing Dentist or the patient.
9. Payment terms: All accounts are due and payable within 30 days from the date of invoice.
10. Force majeure: SomnoMed is not responsible for any failure on its part to complete the transaction set out in this Purchase Order or to perform any term or provision herein due to any cause or circumstance beyond its control such as an Act of God, fire, natural disasters, war, acts of terrorism, difficulties in obtaining labour or raw materials, embargoes, etc. In such a situation, this Purchase Order will be null and void.
11. Limitation of damages: SomnoMed and the providing dentist specifically agree that (1) the MAS is not a product of a kind ordinarily acquired for personal, domestic or household use or consumption and (2) damages for any breach of the agreement set out in this document and for the supply of the appliance shall be limited to the cost of replacing the appliance.
12. Exclusion of conditions, warranties and liabilities: All conditions, warranties and liabilities implied by statute, common law or otherwise are hereby excluded.
13. Governing law: This transaction and the supply of a SomnoMed appliance are governed by the law of New South Wales, Australia.