The terms and conditions for the Southern Cross Dental ("SCD" or "it") MIS Genuine Implant Bundle ("Bundle") are described below and must be read in conjunction with our standard terms and conditions.
'You' refers to you, the user, together with any company or other business entity you are representing. SCD reserves the right to add to, delete, change or limit these terms and conditions in whole or part at any time. As such, you should check these terms and conditions from time to time for such changes.
1. Bundle Terms
1.1. By completing an order form for the Bundle, you agree to be bound by these additional Terms and Conditions ("Terms").
1.2. Bundle includes
a. Cement-retained, screw-retained or angulated screw-retained single implant crown in any Quest material
b. Genuine CAD Ti-Base abutment
c. Customised Genuine MIS abutment being either
i. Customised titanium abutment
ii. Customised zirconia abutment on a titanium base
d. Titanium screw
e. Implant soft tissue model
f. Implant analog
1.3. Bundle does not include bridges, denture restorations (including materials), hybrid restorations, pink resin/porcelain, non-custom implant components, semi or high precious alloys, or freight charges.
1.4. A written guarantee for the crown, abutment, screw and implant fixture ("Products") will be supplied on request or is available in digital format on MySCD. The guarantee periods are:
a. Crowns - as per SCD standard guarantee for such product
b. Abutment and screw - 5 years
c. Implant fixture - 5 years
1.5. The warranty will be voided if there are technical issues with the impression, models or occlusal records. If reasonably known, SCD will advise you of any technical issues and you may determine whether to continue the order without a warranty, or send new records to SCD. Any decision as to whether a technical issue will void the warranty is at the sole discretion of SCD.
1.6. The warranty ONLY covers the hardware replacement costs of the original implant fixture, abutment, crown or prosthesis. Any changes to implant system, abutments, materials or restoration will not be covered. For the avoidance of doubt, the warranty does NOT cover:
a. Any costs associated with the surgical removal or replacement of the implant fixture, abutment, crown or prosthesis;
b. Any costs associated with the prosthetic removal, enhancement, repair of the implant fixture, abutment, crown or prosthesis; and
c. Any costs associated with the prosthetic temporisation including temporisation materials, restorations or any other element of the procedure.
d. Any other costs not specified in Clause 1.6.
1.7. Failures from trauma, excessive occlusal loading, improper occlusion, poor oral hygiene, incorrect seating or placement of the abutment and / or crown or prosthesis, bone loss, periodontal disease, side effects of systemic disease and its management, improper maintenance schedule by the dentist, the appropriateness of a particular treatment or product you make for a patient and any other failure which is unrelated to the manufacturing process is not warranted.
1.8. Any claims under this warranty must demonstrate adequate bone support of the fixture pre-restoratively (radiographically), correct seating of the abutment (post-torque) radiographically, return of any parts of the failed Products and a copy of clinical notes in relation to the clinical history of the restoration (including full medical history before implant placement).
1.9. If a Product is covered by the warranty, SCD will provide you with the replacement product
2.1. SCD will not be responsible for or liable for any injury or damage, accident, loss, delay or irregularity that may be caused to persons or property in connection with any goods or services purchased as part of the Bundle.
2.2. You agree to indemnify and hold SCD and its suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the 'Indemnified Parties') harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to:
a. your breach of these Terms;
b. any information submitted, or otherwise provided by you;
c. any dispute or litigation between an SCD and a third party caused by your actions; and
d. your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with us. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of ours and /or our suppliers, affiliates, partners, subsidiaries and employees.
2.3. SCD is not liable for any consequential, indirect or special loss or damage, loss of profits, loss of business, business interruption, costs or amounts that you are liable for arising out of any loss suffered by third parties under or relating to the Bundle, the purchase of the Bundle or the use of the Bundle whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
2.4. You must indemnify SCD and its respective related bodies corporate employees, servants, agents and contractors, and must keep SCD indemnified from and against any and all claims, demands, liability, loss, damages (whether liquidated or otherwise), costs (including legal costs on a solicitor and his own client basis), and expenses, for personal injury or death, or loss of or damage to tangible property caused by your negligence or willful misconduct, whether incurred against or by SCD in respect of use of the Bundle and the provision of any goods or services by us. To the extent that SCD loss is caused by SCD negligence, your liability is diminished.
3. General Terms
3.1. Interpretations of Program Terms shall be at the sole discretion of SCD.
3.2. These Terms are governed by the laws of New South Wales. No action or proceeding may be commenced or maintained in relation to the Bundle or these Terms except in a court of appropriate jurisdiction in the Commonwealth of Australia.
3.3. If any provision of this agreement shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
3.4. The failure by us to enforce any provision of term and condition of this agreement shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
This guarantee is offered to dentists who have sourced the Bundle from Southern Cross Dental and is not intended to exclude or limit any rights or remedies a consumer may have under the Australian Consumer Law