J Dental Care Warranty Program – Terms and Conditions
J Dental Care S.r.l. provides warranties for J Dental Care’s Implants, components and surgical instruments. The terms and conditions of these warranties are set out in this J Dental Care Warranty Program (the “Warranty Program”).
The Warranty Program applies to implants, components and surgical instruments manufactured by J Dental Care S.r.l. (“Products”).
1. Warranties for Treatment Provider
1.1 Lifetime guarantee on implants: J Dental Care guarantees the free replacement of the failed or non-osseointegrated implant.
1.2 Warranty on components and surgical instruments: J Dental Care S.r.l. guarantees the free replacement of components and surgical instruments, only where these present defects or faults, recognized by J Dental Care S.r.l. after analysis and verification of the returned Products. As an alternative to replacing the defective component/ surgical instrument, J Dental Care S.r.l. may issue a credit note or adjustment invoice for the value of the defective component.
2. Scope of warranties
Any warranty given under this Warranty Program is limited to the replacement of the failed implant as set out in clause 1.1, and to the replacement of the defective component/surgical instrument, as set out in clause 1.2. In particular, J Dental Care does not compensate the Treatment Provider for any additional components, tools, treatment costs, or other costs and expenses arising out of or in connection with the replacement of the failed implant and/or in connection with the replacement of the defective component/surgical instrument. In case one of the products that is to be replaced under the warranties set out herein is no longer commercially available, an alternative solution may be chosen.
3.1 To receive the benefits of the warranties set out in clauses 1, the Treatment Provider must:
a. have solely used original J Dental Care surgical and prosthetic components in the patient case in which the J Dental Care implant failure occurred, including implants, cover screws, healing abutments, temporary abutments, prosthetic screws and prosthetic parts;
b. have performed the treatment in accordance with J Dental Care’s prescribed procedures and instructions as published at the time of the treatment and in accordance with accepted dental practice, in particular did not use any contraindicated implant and restorative techniques;
c. ensure that the patient complies with generally accepted standards of good oral hygiene. For implants, oral hygiene maintenance examinations twice a year are recommended;
d. at the time of submission of a Complaint Form, have its J Dental Care account in good standing, meaning that all payments owing to J Dental Care S.r.l., any affiliated company or official distributor are current;
e. any non-compliance with points (a) through (d), respectively, above will make the warranties set out in this Warranty Program null and void.
3.2 J Dental Care is not obliged to furnish any benefits under this Warranty Program with respect to any J Dental Care Product, if the failure of the product or the alleged defect of the product was caused by a prosthesis overloading, trauma or by the patient or third parties, as well as in case of bone inadequacy.
3.3 This Warranty Program does not apply to any products that are specially manufactured or modified at the request of the Treatment Provider as well as temporary implant systems. The Guarantee Program does not apply to products not manufactured by J Dental Care S.r.l., but manufactured by third parties.
4.1 To raise a claim under this Warranty Program, you have to send a completed Complaint Form accompanied by the failed product and the other components placed by the Treatment Provider to J Dental Care S.r.l., via Dino Campana 2, 41123 Modena (MO), Italy, after informing the company via mail to firstname.lastname@example.org within three months after the product failure occurred. In case of an implant failure or fractured, an x-ray of the failed implant prior to the failure is mandatory. Prior to submitting the implant and the other components used in the treatment, ensure that all products are sterilized, since, if they are returned not in sterile conditions, any guarantee is excluded.
4.2 With specific regard to J Dental Care components and surgical instruments, the Product, in the event of an alleged fault or defect, must be returned to J Dental Care S.r.l. within fifteen days of receipt of the Product in the event of an evident defect or defect, or within fifteen days of its discovery, in the event of a hidden defect or defect, specifying the defect found in detail, using the Complaint Form for the request referred to in the previous point 4.1. The defect must be recognized by J Dental Care S.r.l., after analysis and verification of the returned Product.
5. Modification or termination of Warranty Program
J Dental Care S.r.l. may modify or terminate this Warranty Program at any time in whole or in part. Changes to or the termination of the Warranty Program will not affect the warranties given under this Warranty Program for implants installed prior to the date of the change or termination.
6. Limitations on Warranties Program
6.1 EXCEPT FOR THE WARRANTIES DESCRIBED IN CLAUSES 1 ABOVE, AND PROVIDED BY THE APPLICABLE LAW, NEITHER J DENTAL CARE S.R.L. NOR ANY AFFILIATED COMPANY WHICH MANUFACTURES OR DISTRIBUTES ANY J DENTAL CARE COMPONENTS MAKES ANY WARRANTY WITH RESPECT TO J DENTAL CARE COMPONENTS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED GUARANTEES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.2 In addition, J Dental Care S.r.l. and its affiliates disclaim all liability to a Treatment Provider for lost earnings, income or profits, failure of a Treatment Provider to conform to generally accepted standards of dental practices and all other direct or indirect, incidental or consequential damages resulting or arising from the design, composition, condition, use or performance of J Dental Care components.
7. Application of warranty
The warranties given under this Warranty Program are exclusively for the benefit of eligible Treatment Providers (and “Treatment Provider” means dentists, physicians and/or dental technicians) and are not for any other person or entity.
8. Entire agreement
8.1 Except as set forth in this Warranty Program, neither J Dental Care S.r.l. nor any affiliate of J Dental Care S.r.l. makes any representation, warranty, covenant or other undertaking relating to J Dental Care products. This Warranty Program sets forth the entire understanding and supersedes all prior agreements and discussions relating to the subject matter contained herein.
8.2 This Warranty Program applies to J Dental Care S.r.l. and all official distributors, without prejudice to the responsibility of the latter in accordance with the applicable law.
(J Dental Care S.r.l. – version February 2023)