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 document constitutes an offer by the Providing Dentist to purchase from SomnoMed a custom made Mandibular Advancement Splint (MAS). SomnoMed will commence manufacture of the MAS 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 MAS will be delivered to the Providing Dentist at the dentist’s address as it appears on this document. 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 MAS will have advanced to the point that cancellation will no longer be practicable. After 48 hours, the Providing Dentist will be obligated to pay the full purchase price of the MAS.
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 MAS 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 MAS 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 MAS made from the impression. Impressions can deteriorate over time, be distorted or be damaged in transit, and SomnoMed cannot guarantee the accuracy of a MAS 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 MAS does not adequately fit the patient’s mouth:
a. Responsibility will be borne by SomnoMed if the MAS does not fit the stone model; or
b. Responsibility will be borne by the Providing Dentist if the MAS 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 MAS 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 MAS, however, SomnoMed cannot guarantee delivery of the MAS within a particular timeframe. It is the responsibility of the Providing Dentist to advise the patient that delivery of the MAS 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 one year from the date of delivery to the Providing Dentist, in the case of the SomnoDent MAS Acrylic, SomnoDent Flex and SomnoDent Edentulous. SomnoMed gives no warranty that the MAS will be efficacious in the treatment of snoring or Obstructive Sleep Apnea.
a. The SomnoDent warranty is invalidated if the patient has subsequent substantial restorative work.
b. Additionally, the SomnoDent warranty is covered only for in-mouth breakage.
c. The warranty covers only repair of the device. If new casts or impressions are required, the warranty is void. In such cases SomnoMed offers to remake the device 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 practicable, and the MAS 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 MAS with a new MAS 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 delivery of the MAS.
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 MAS shall be limited to the cost of replacing the MAS.
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 the SomnoDent MAS are governed by the law of New South Wales, Australia.