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IMPLIED TERMS & WARRANTIES - 3 YEAR LIMITED WARRANTY
The Warranty refer to the entire work done, i.e. all materials, labor
work and treatment. It is only valid for procedures that were done in our
clinic. Costs arising from work done in other dental offices are not covered
under our warranty. The warranty of any of our treatment is only valid if our
dentist completes the full work. If a problem arises during the 3 years warranty
period, the patient has to contact the clinic as soon as the problem arises.
1 All warranties and conditions expressed or implied by statute, common law,
equity, trade, custom or usage or otherwise howsoever are to the extent
permitted by law expressly excluded from the Sales Contract. The Patient
acknowledges that neither the Company nor any person purporting to act on its
behalf has made any representation or given any promise or undertaking which is
not expressly set out in the Sales Contract whether as to the fitness of the
Services for any particular purpose or any other matter.
2 The Patient acknowledges that without relying upon the skill or judgement of the Zenaidy Castro P/L or any person purporting to act on its behalf it has
determined that the Services conforming to the contract description will be fit
for its purposes. Any description of the Services and/or Goods used in the Sales
Contract is for identification only and shall not constitute a contract of sale
by description. The provisions of this clause 4 shall not apply insofar as their
application is prevented by the Trade Practices Act 1974 as amended or any other
State and Territory laws.
3 Subject to the terms of the Supply Contract, the Company offers certain
limited dental warranties in relation to the Services and/or Goods it provides
to the Patient. The Patient acknowledges that the long-term success of any
dental treatment provided by the Company corresponds directly to the Patient's
home care, regular dental check-up and professional cleanings. As a
pre-condition to the operation of any limited warranty provided by the Company,
the Patient agrees that:
a) Following the completion of treatment, a Patient will attend a minimum of two
(2) examinations and scale and clean in each year, and has followed the
recommended preventative dental treatments and maintenance program as
recommended by the Company. It remains the Patient's responsibility to contact
the Company to make an appointment, and attend the six-monthly exam and
prophylaxis failing which the limited warranty will be forfeited. It remains a
fundamental condition for the operation of any limited warranty under the Sales
Contract that the Patient maintains professional cleanings and check up/exams at
the Company's office as often as is recommend by the Company (usually 2-4 times
a year).
b) A bite splint is worn at night as recommended by the Company in cases where
the dentist detects a history of grinding and/or clenching.
c) There is no outstanding balance on the Patient's account or monies owing to
the Company unless otherwise agreed to by the parties in writing.
4 The Company is confident of the durability of the treatment it
prescribes for its Patients.
a) Primary to a Patient's long term success is spending a few minutes a day on
home care including but not limited to: brushing, flossing, using fluoride and
prescribed products.
b) A secondary factor is regular professional examinations, cleanings, x-ray
films and fluoride treatments ( at 2-6 month intervals depending on the
Patient's condition). This warranty does not cover accidents that cause damage
to the teeth or dental prosthesis. This limited warranty is only between the
patient and the Company and does not include any agreements or contractual terms
with insurance companies or any third parties. They will be billed in full. Only
that amount of out-of-pocket expense paid by the patient will be credited toward
the fee for replacement service.
5 Teeth whitening is not included or covered by the Company's limited
warranty under this clause or under the Supply Contract due to its high
unpredictability.
6 Restorative dental treatments as provided by the Company are permanent
and recommended as the most appropriate method of dental treatment at the time
of the Patient's consultation. If for any reasons including financial reasons
the Patient is not able to have the recommended treatment as presented by the
Company and opts for a treatment regime which is assessed by the Company in its
absolute discretion as less than optimal including but not limited to a
short-term fix, patchwork or any other temporary measures until definitive
treatment is provided then any limited warranties provided by the Company under
any Sales Contract will not take effect.
7 In cases where it is difficult for the Company to predict the likely
future outcome or diagnosis at that time, that a Patient's tooth will either
most likely (or on a 50/50 chance) require a root canal treatment, any future
root canal treatment is not covered by the Company's limited warranty.
8 If a Patient's current dental treatment fails and requires replacement
or repair and consequently different dental materials, techniques or treatment
due to clinical failure (ie failure not covered by the Company's limited
warranty) and is deemed to be necessary as advised by the Company acting in its
sole discretion, then only the difference in treatment fee will be due and
payable by the Patient.
9 Failure by the Patient to have continuing care visits including x-ray
and exams as recommended by Company as above voids any and all limited
warranties. It remains at all times the Patient's responsibility to contact the
Company to make an appointment, and attend the six-monthly exam and prophylaxis.
Treatments
Under Limited Warranty
PORCELAIN
VENEERS, CROWNS, BRIDGES, INLAYS AND ONLAYS
a) The
Company gives a limited warranty on these procedures for a maximum period of
three (3) years. The Zenaidy Castro P/L
agrees to replace or repair these procedures at no additional charge to the
Patient during this 3-year period if they break, are lost or debonded as a
result of normal use.
b)
This warranty does not operate in the following circumstances:
i) The crown, veneer or bridge has been damaged by trauma, accidents and
excessive force by severe grinding and clenching of the teeth that could also
break normal healthy teeth;
ii) Neglect such as new decay, misuse, abuse, accidents or additional dental
treatment done elsewhere.
c) Failure of the tooth underneath the crown or onset of root infection is not
covered by the warranty.
d) Root fillings and non standard treatments are not covered by the operation of
this clause.
e) The Company cannot predict, if and/or when gum or nerve treatments may be
required on the covered tooth. If needed, they will require payment of
additional fees by the Patient. If a veneered or onlayed tooth is damaged or
decayed to the extent that a crown is necessary, the full fee originally paid
for the veneer or onlay will be applied by the Company in payment towards the
crown and the Patient will only be liable for payment of the difference.
The prosthetic treatment provided is warranted for replacement at no cost should
a failure occur under the following conditions. Failure constitutes technical
and construction faults only and does not include recurrent decay due to poor
patient oral hygiene; overload failure due to patient non-compliance in wearing
a prescribed splint for grinding habits (if applicable); failure due to accident
or injury; failure due to wilful or habitual damage (eg. nail biting); failure
due to a change in the patient's perception of the aesthetics of the final case
after completion of treatment or failure due to loss or damage whether or not
due to negligence on the patient's behalf. Other dental professionals may be
involved in the provision of services in complex treatment plans. Failure of
treatments performed by other practitioners is not warranted.. The limited
warranty period is for 3 years from the date of initial placement of the
prosthesis, and is only valid if the patient returns for annual review
appointment or as prescribed on your individual cases. These appointments
are to review and check the prosthesis only and may include its cleaning,
however they are not a substitute for regular recall examination and tooth
cleaning services. Whilst the warranted period extends to 3 years, this does not
mean that your prosthesis will not last longer if well maintained. In extreme
rehabilitative or reconstructive cases, the dentition may be so compromised that
even complicated, high quality prostheses may have a guarded or poor long-term
prognosis. In such cases a normal warranty cannot be provided. If a normal
warranty cannot be applied, it will be indicated in your treatment plan letter.
DENTAL SEALANTS
Sealants are plastic coatings placed on the biting surfaces of the teeth to
prevent decay in the pits and grooves of the teeth (a Patient must floss and use
fluoride to prevent decay between the teeth). The Company will repair or replace
traditional sealants for a period of 3 years after placement if decay is present
on the biting surface, or the required filling is not covered.
COMPOSITE (tooth coloured) FILLINGS, PORCELAIN FILLINGS
If the composite is a treatment recommended by the Company, it will replace or
repair it in the event of failure for a period up to three (3) years. If the
tooth breaks and requires a crown or onlay, the Company will credit the cost of
the filling towards the crown or onlay. Fillings are covered by a three (3) year
limited warranty providing the Patient attends for routine check-ups and
maintenance (this usually means a minimum of every six months or as otherwise
prescribed by the Company in the case of an individual Patient's needs). The
warranty allows replacement free of charge if the filling itself has failed
including the situation with the material itself has broken. The warranty does
not cover failure of the tooth or filling either due to stress or impact
fracture or due to secondary dental decay or the onset of root infection.
ROOT CANALS
Root canal treatment statistically has a high success rate, however, on occasion
it may fail. If the Company has restored the tooth as prescribed, but the
Patient loses that tooth within three (3) years due to failure of the root
canal, the Company will apply any payment by the Patient as a credit towards a
replacement tooth excluding implants as a replacement.
DENTURES AND
PARTIAL DENTURES
The Company provides a warranty on all dentures and partials for a maximum
period of up to three (3) years if a tooth chips or breaks under normal use.
This warranty does not cover accidents such as dropping of dentures or
accidental breakage. Full upper and lower denture Patients must be seen once
every 12 months. Patients with some of their own natural teeth must be seen at
the prescribed recall appointment (a minimum appointment of once every 6
months), and follow the Company's recommendations concerning x-rays, fluoride,
and periodontal treatment, or this warranty is null and void
Other conditions where 3 years Warranty will be invalidated for denture
patients:
-
patient neglects
oral hygiene
-
the patient
undergoes treatment or laboratory work provided by another dentist without a
preliminary consultation with our dentist
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self-treatment
or intervention such as adjusting denture by non-dental means, etc.
-
the gum tissue,
teeth bone or jawbone undergo pathological reduction.
-
in case of
accidental damage (e.g. falls down, fight, accident or other events caused
by drugs, alcohol or other materials, etc.)
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accidents,
modifications that come up during emergency interventions and that affect
the performed dental treatment
-
a general
illness occurring that has negative effects on the dental condition (e.g.
diabetes, epilepsy, and osteoporosis, condition after x-rays or
chemotherapy, etc.).
-
diseases of
masticatory apparatus caused by general, infectious diseases, tumours,
poisonings, etc., or the treatment of these illnesses
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denture is not
used properly
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denture is not
cleaned with dental cleaning supplies and tools
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problem reported
lately or patient cannot provide the defective denture (please, contact
immediately if something happens to the denture!).
-
patient does not
notify the clinic prior to exercising their guarantee
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when the
treatment received has not been paid in full and all current accounts have
not been honoured
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Immediate
Complete or Partial denture is not included on the warranty
The following
events are not covered in general by the Company's three year limited warranty:
a) Failure
or repairs resulting from a Force Majeure Event, neglect, abuse, failure of
supportive tooth or tissue structures, wilful damage to the prosthetics,
improper adjustments or improper dental hygiene.
b) Failure to follow periodic (minimum 6 months or 3-6-9-12 months) dental visit
as prescribed by the Company for professional exam, X-rays and cleaning.
c) Failure to complete necessary dental treatments as prescribed by the Company.
The Company is not liable or responsible for the treatment or dental work done
by any other dentists and there remains no obligation on the Company to rectify
other dentist's work.
The Company cannot give a 100% foreseeable prognosis if and/or when gum or nerve
treatments may be required on a covered tooth. If needed by a Patient such
additional Services will require payment by the Patient of additional fees.
Unless otherwise advised all recommended dental treatment(s) by the Company will
be performed by Dr. Zenaidy Castro (with the exception of specialist treatments
specifically recommended elsewhere).
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