TERMS AND CONDITIONS
Due to changes in technology, design or manufacturing methods, Dentaurum reserves the right to modify, improve or discontinue products at any time, or to change specifications without notice, without incurring liability. Dentaurum reserves the right to correct clerical and typographical errors at any time.
Prices, shipping charges, and service charges are subject to change without notice at any time prior to shipment. Dentaurum reserves the right to change the price to reflect changes in import duties, surcharges, currency parity, cost of materials and labor, or any governmental action which affects the landed cost of Dentaurum’s goods. Unless otherwise stated, freight and insurance and the installation of equipment are not included in the purchase price, and will appear as separate charges. Handling is included but will not be refunded on product returns. State sales, use and similar taxes are not included unless otherwise stated.
Delivery and Payment
All orders are shipped F.O.B. Langhorne, PA and are subject to our terms of sale, delivery and payment:
Dentaurum shall not be liable for damage to the goods caused while the goods are in the hands of a third party. The purchase price of the products shall be payable within thirty (30) days from the date of shipment, without deduction of any kind. The parties agree that all payments still owing after the due date will bear interest at the annual rate of eighteen percent (18%). There will be a $25.00 charge for all “Non Sufficient Funds” checks that are returned from our bank. The minimum for each order is $100.00 in product value. Orders totaling less than $100.00 in product value, will have a $20.00 service charge added to the order. Buyer is responsible for paying all sales, use, value added, and similar taxes to the appropriate governmental authorities.
Dentaurum shall make all good faith efforts to comply with the designated delivery dates. However, delivery dates indicated on Dentaurum’s quotations, order acknowledgments or other communications are estimates only. Dentaurum shall not be liable if shipments do not arrive by the designated delivery date or if all the goods sold under a single purchase order do not arrive at the same time. The delivery provisions are subject to change for any cause that interferes with the production, supply and transportation of the goods sold and over which Dentaurum has no reasonable control or which Dentaurum cannot remedy without great economic hardship. Unforeseen events beyond Dentaurum’s control shall entitle Dentaurum to withdrawal in whole or in part from the contract. Should the delivery terms be changed or should Dentaurum withdraw from the contract, Dentaurum shall not be liable for any direct, indirect, consequential, incidental or special damages suffered by Buyer. Dentaurum shall not be liable for customer’s claim arising out of changes in the delivery terms, regardless of the reason for the change. Change in the delivery terms shall not give the Buyer cause to withdraw from the contract. Dentaurum shall retain a security interest in all goods presently and previously sold to the Buyer until the entire purchase price of the goods is paid and until any claims from earlier shipments have been settled.
Dentaurum warrants that all products sold are of good quality and workmanship. Buyer must provide Dentaurum with written notice of any defect within one (1) year of shipment of the product to the Buyer. Buyer’s written notification must state, in detail, the basis of the alleged defect. Within sixty (60) days of receiving the written notification of the alleged defect, Dentaurum may have an agent inspect the product for defects; otherwise, the inspection will be made on return to Dentaurum’s plant, under the applicable procedures described at the Return of Goods Policy. Final determination as to whether a product is defective rests solely with Dentaurum. Buyer’s sole and exclusive remedy for allegedly defective products is the replacement of the defective product or the refund the purchase price of a defective product, and the remedy will be elected in the sole and exclusive discretion of Dentaurum. This warranty will be void and of no further force and effect in the event of misuse or abuse by Buyer or Buyer’s failure to follow Dentaurum’s directions concerning use of the product. THE WARRANTY CONTAINED HEREIN IS THE EXCLUSIVE WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SELLER MAKES NO OTHER WARRANTIES, WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES, OF MERCHANTABILITY OR FITNESS, ALL OTHER WARRANTIES BEING DISCLAIMED.
Limitation of Damages
Dentaurum’s liability for any claims against it by Buyer or Buyer’s customers shall be limited to the price paid by Buyer for the product. DENTAURUM SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY NATURE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL IN CONNECTION WITH OR RESULTING FROM THE USE OF THE PRODUCT, WHETHER ARISING OUT OF THE ORIGINAL DELIVERY OR OUT OF PARTS REPLACED OR REPAIRED.
Return Goods Policy
Dentaurum products may be returned at the customer’s expense for full credit within thirty (30) days of invoice.
The following conditions will apply:
- Products must be current, unused, undamaged, unopened, in resalable condition, and only from the original purchaser.
- Buyer must call, prior to any return, to provide an explanation for the return and request a Return Authorization Number (RAN)
- Products must be shipped prepaid by the customer, and must be insured for full value.
- Except in the case of returns due to defective product or incorrect shipments, all credits will be issued for the value of the product only (excluding any shipping charges).
- Dentaurum will accept returned product between thirty (30) and sixty (60) days after invoice. These returns will be subject to a 15% restocking fee, and the credits for these returns will be issued as a merchandise credit only, except in the case of defective product.
- Returns after sixty (60) days of invoice will not be accepted, except in the case of defective product.
- Equipment, gold brackets, welded bands, and all other custom-made or custom-packaged products are not returnable.
- Hazardous materials, chemicals or refrigerated products are not returnable.
Final determination, as to whether a return has satisfied the foregoing conditions, rests solely with Dentaurum. Dentaurum field representatives are not authorized to approve or pick up return merchandise.
Credit Cards and Privacy
As a convenience, and for ease in placing Buyer’s future orders, Dentaurum will save the credit card information Buyer provided when placing this order. If Buyer does not want Dentaurum to save this information, Buyer must either click the “do not save” button when providing credit card information for Buyer’s on-line purchase or advise the order taker when placing the order by telephone.
Dentaurum does not sell customer lists or information, but may use customer information (not including credit card information), including e-mail addresses, or provide such information to affiliated companies in order to inform Buyer of available products and services, sales, and similar matters. If Buyer does not want Dentaurum to use or provide this information, Buyer must either click the “do not use” button when ordering on-line purchase or advise the order taker when placing the order by telephone.
Buyer’s Assignment and Delegation
Buyer may not assign the right to receive the product from Dentaurum without the prior written consent of Dentaurum. The Buyer may not delegate the duty of paying the price for the product(s) without first receiving Dentaurum’s written consent.
Governing Law, Jurisdiction and Venue, Expenses
This Agreement is governed by and interpreted under the laws of the Commonwealth of Pennsylvania, to without giving effect to any principles relating to conflict of laws. The parties agree that the state and federal courts having jurisdiction over Bucks County, Pennsylvania shall have sole and exclusive jurisdiction over all disputes between the parties, that venue rests properly in such courts, and that they consent to the exercise of personal jurisdiction by such courts. In the event of disputes between the parties, the predominately successful party shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the other.
All purchase orders and purchases are expressly subject to these Terms and Conditions. These Terms and Conditions, together with the accepted purchase order(s), will constitute the complete and exclusive statement of the contract between the parties, are intended as a final expression of the terms of such contract and will supersede all prior and contemporaneous agreements, inducements or conditions, express or implied, oral or written. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term herein. Buyer’s acceptance or acquiescence in a course of performance rendered by Dentaurum hereunder shall not be relevant to determine the meaning of this contract even though Buyer has knowledge of the nature of the performance and opportunity for objection.