Limited Warranty – Creodent Hudson Valley (“CreoMC”)
Creodent Hudson Valley (“CreoMC”) warrants all equipment and materials manufactured by CreoMC and bearing its name to be free from defects in material and workmanship on the date of sale by an authorized CreoMC representative to the original purchaser for use. With the exception of any special, extended, or limited warranty published by CreoMC, CreoMC will, for a period of thirty days, issue credit, repair or replace any part of the equipment determined by CreoMC to be defective. This warranty applies only when the equipment is operated and/or installed and maintained in accordance with CreoMC’s written recommendations.

This warranty does not cover, and CreoMC shall not be liable for: general wear and tear, or any malfunction, damage, or wear caused by faulty installation, misapplication, abrasion, corrosion, inadequate or improper maintenance, negligence, accident, tampering, or substitution of non-CreoMC component parts. Nor shall CreoMC be liable for malfunction, damage, or wear caused by the incompatibility of CreoMC equipment and materials with structures, accessories, equipment, or materials not supplied by CreoMC, or the improper design, manufacture, installation, operation, or maintenance of structures, accessories, equipment, or materials not supplied by CreoMC.

This warranty is conditioned upon the prepaid return of the equipment or materials claimed to be defective to CreoMC for verification of the claimed defect. If the claimed defect is verified, CreoMC will repair or replace free of charge any defective parts. The equipment or material will be returned to the original purchaser transportation prepaid. If inspection of the equipment does not disclose any defect in equipment, material, or workmanship, repairs will be made at a reasonable charge, which may include the cost of parts, labor, and transportation.

THIS WARRANTY IS EXCLUSIVE, AND IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. CreoMC’s sole obligation and the buyer’s sole remedy for any breach of warranty shall be as set forth above. The buyer agrees that no other remedy (including, but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property, or any other incidental or consequential loss) shall be available. Any action for breach of warranty must be brought within one year beyond warranty expiration.

CreoMC makes no warranty, and disclaims all implied warranties of merchantability and fitness for a particular purpose in connection with accessories, equipment, materials, or components sold but not manufactured by CreoMC. These items sold, but not manufactured by CreoMC (such as thermoforming equipment and supplies, scanners, etc.), are subject to the warranty, if any, of their manufacturer. CreoMC will provide the purchaser with reasonable assistance in making any claim for breach of these warranties.

In no event will CreoMC be liable for indirect, incidental, special, or consequential damages resulting from CreoMC supplying equipment hereunder, or the furnishing, performance, or use of any products or other goods sold hereto, whether due to a breach of contract, breach of warranty, the negligence of CreoMC, or otherwise.

Warranty Term Lengths for specific products are as follows:

(Revised Sept 2024)

SOLIDEX CUSTOM ABUTMENT

These warranty terms & conditions (“T&C”) cover Solidex Customized Abutments, including abutment screws (“Products”), manufactured and distributed by Creodent Prosthetics (Creodent). The warranty outlined in these T&C is exclusively for the benefit of eligible treating clinicians (“Clinician”) and is not for the benefit of any other person or entity, including any patients, laboratories and other intermediate suppliers.

1. Warranty Periods

The warranty set out in these T&C is granted for the following periods:

• Lifetime warranty for Products manufactured in titanium, excluding any product manufactured in zirconia;
• One (1) year from the date of shipment from Creodent for Products manufactured in zirconia.

2. Scope of Warranty

Subject to the limitations and exceptions described in these T&C, Creodent will provide the following benefits:

Quality Benefits
If the Product has defects in materials or workmanship, that is if the Product does not meet the Creodent quality standards or if the Product does not match the special instructions communicated prior to the design of the Product in question, via our prescription form, then Creodent will remake the Product, at no additional charge.

Surgical Benefits
Creodent recognizes that implants sometimes fail after the Clinician has taken the implant-level impression. Creodent will not accept any responsibility for a failed implant, but does offer the following benefits:

• If the implant fails after the Product is placed on the implant together with a restoration, and taken into function, then the company who provided the failed implant should be the primary resource for the Clinician’s implant-related claims. However, if the implant company refuses to honor their warranty for the implant (exclusively due to the use of the Products), and the Clinician both meets the “Eligibility” criteria and follows the “Claim Procedure” below, then Creodent will reimburse the Clinician for the actual and verifiable purchase cost of a replacement implant, and will remake the Product, at no additional charge;
• If the implant fails before the Product has been placed on the implant then Creodent will in no case be responsible for replacing the implant. The benefits set out above constitute Creodent’s sole obligation, and the Clinician’s sole remedies, with respect to the Products and the subject matter of these T&C.

3. Eligibility and Claim Procedure

To receive benefits under these T&C, the Clinician must comply with all of the following:

• Warranty claims must, to remain eligible, be reported to Creodent within ninety (90) days from the date on which the claimed defect was discovered. Reporting shall fully comply with the procedure set out herein. Clinician shall contact the Creodent representative or Creodent Customer Service to request a claim form and receive instructions for Product return; and
• The completed claim form, documenting the cause of the claimed failure, must be returned to Creodent accompanied by the Product in question within the time stated above. Any Product must be decontaminated prior to returning to Creodent, and Clinicians submitting a claim form for surgical benefits, must provide the following items:
  • Documentation of the case and demonstration that implants were indicated and that no contra-indicated conditions existed for that particular patient; and
  • Documentation that the implant company refused to honor their warranty (exclusively due to the use of the Products), and receipt/invoice for implants for reimbursement; and
  • Clinician making a claim under these T&C must be current in all amounts owed to Creodent at the time when the claim form is submitted; and
  • All procedures using Products (and implants) – before, during and after implantation – must be performed in accordance with Creodent and (as applicable) other implant company’s protocols, guidelines, and instructions, as well as generally accepted dental practices.

Transport costs and transport risk shall be borne by the Clinician. The cost of return shipment shall be borne by Creodent in cases covered by the warranty under these T&C.

4. General Limitations of the Warranty

Except for the warranty specified in these T&C, neither Creodent nor any representatives or other third parties which manufacture or distribute the Products, make any representation, warranty, covenant or other undertaking, expressed or implied, written or oral, with respect to the Products, including (without limitation) any implied warranties of merchantability, durability or fitness for a particular use or purpose. In addition, and to the maximum extent permitted under the applicable law, Creodent disclaims (on behalf of itself and any of its representatives or other third parties which manufacture or distribute the Products) any and all liability with respect to lost earnings, incomes or profits, failure of the Clinician to conform to generally accepted standards of dental practices and any other direct or indirect, incidental or consequential damages resulting or arising from the design, composition, condition, use or performance of the Products. NO LAB RESTORATION FEES OR DENTIST FEES ARE COVERED.

5. Warranty Exclusions

Creodent shall not provide benefits under these T&C if:

• The failure is caused by a trauma, an accident, or by any other damage caused by the patient or a third party; or the failure is caused by implants placed in patients with contra-indicated conditions to successful implant integration, including but not limited to diseases related to alcoholism, uncontrolled diabetes, and habitual drug dependency; or
• The failure is due to normal wear and tear.

For the avoidance of doubt, these T&C, and the benefits and remedies set out herein, shall be exhaustive with respect to the Products and the subject matter of these T&C, and shall exclude any other rights, benefits and/or remedies, such as laboratory and clinical treatment related fees.

6. Modification or Withdrawal of the Warranty

Creodent reserves the right to modify or withdraw these T&C at any time without notice. Any such modification or withdrawal will not affect Products already installed in the patient, and fully paid by the Clinician or Laboratory to Creodent, prior to the date thereof.

7. General Conditions of Sale

The warranty provided for under these T&C above shall apply alongside, and in addition to, the warranty and other conditions set out in Creodent general conditions of sale.

(Revised June 2024)