Terms and Conditions of Sale for Consumers

This agreement contains the terms and conditions that apply to your purchase from Dentek Oral Care, Inc., (“Dentek”) of dental hygiene products (the “Products”). Please read these terms and conditions of sale carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement was last revised on March 1, 2007.

By clicking "I Agree," you acknowledge that you have read, accepted and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. These terms and conditions apply unless (i) you have signed a separate purchase agreement with Dentek, in which case the separate agreement shall govern; or (ii) other Dentek standard terms apply to the transactions. These terms and conditions are subject to modification without prior written notice at any time, in Dentek’s sole discretion.

Section 1
Price and Payment Terms

Your total price for the Products will be stated on your purchase receipt provided with your receipt and you shall also receive a confirmation of your order by way of e-mail to the address you indicate during the registration process. Terms of payment are within Dentek’s sole discretion, and unless otherwise agreed to by Dentek, payment must be received by Dentek prior to Dentek’s acceptance of an order. Payment for the Products must be made by credit card (Visa, MasterCard or American Express) debit card (issued by Visa or MasterCard), money order, certified check or some other prearranged payment method. Orders are not binding upon Dentek until accepted by Dentek. Any price quotations given by Dentek will be valid for the period stated on the quotation, with the exception that Dentek reserves the right to reject any sale for any reason, including for a misprint in the price quotation or advertisement. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay, unless you provide Dentek with a valid and correct tax exemption certificate applicable to the Product ship-to location prior to Dentek’s acceptance of the order.

Section 2
Shipping and Title

Dentek will arrange shipping of the Products to your address using a carrier of Dentek's choice, in Dentek's sole and absolute discretion. Title to the Products passes to you upon delivery to the carrier and risk of loss passes to you upon delivery to your address. We do not provide insurance on the Products during delivery. The costs of shipping and handling will be shown on your purchase receipt. Dentek will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failure, or acts of God.

Section 3
Inspection of Products Upon Receipt

You must examine the Products when you receive them. If any item is damaged or missing, you must notify Dentek at once. Dentek will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery.

Section 4
Products

Dentek’s policy is one of an ongoing Product update and revision. Dentek may revise and discontinue Products at any time. Dentek will ship you Products that have the functionality and performance of the Products you ordered, but changes between what is shipped and what is described in a specification sheet or online catalog are possible.

Section 5
Product Suitability

Many states and localities have codes and regulations governing sales, construction, installation, and/or use of Products for certain purposes, which may vary from those in neighboring areas. While Dentek attempts to assure that it's Products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the Product is installed or used. Before purchase and use of Product, please review the Product application, and national and local codes and regulations, to be sure that the Product, installation, and use will comply with them.

Section 6
Limited Warranty and Disclaimers

Dentek warrants to the original purchaser of the Product that the Product will be free from defects in materials and/or workmanship from the date of invoice for a period of ninety (90) days, unless otherwise specified. During this warranty period, Dentek will, at its option, repair or replace defective Products. Damage due to shipping the Products to you is covered under this warranty. This warranty does not cover damage due to external causes, including, but not limited to, accident, abuse, misuse, problems associated with electrical power, problems caused by failure to provide a suitable environment or proper installation for the Product, servicing not authorized by Dentek, use not in accordance with Product instructions, or failure to perform required preventative maintenance. This warranty is void if the Product is taken apart or otherwise disassembled in any manner. Dentek will repair or replace Products returned to its facility in accordance with Return Policy outlined below. Dentek owns all parts removed from repaired Products. If Dentek repairs or replaces a Product, its warranty term is not extended. You must call Dentek during the warranty period in order to be eligible to receive warranty service under this Dentek Warranty.

THE ABOVE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. DENTEK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY DENTEK, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. COMPATIBILITY OF PRODUCTS IS NEVER GUARANTEED, AND THERE IS NO WARRANTY THAT SEPARATE COMPONENTS WILL FUNCTION AS A SYSTEM. THE ABOVE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Section 7
Limitation of Liability

DENTEK’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN PRODUCTS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THE ABOVE WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
DENTEK DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. DENTEK WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST DATA OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES TO PRODUCTS AND/OR SERVICES YOU PURCHASED UNDER THIS AGREEMENT. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, DENTEK IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Section 8
Return Policies

If you bought Products directly from Dentek, you may return any unused portion of them to Dentek up to thirty (30) days from the date of the delivery for a complete refund of the purchase price. No Products may be returned for any reason other than as provided under the applicable warranty, if any, relating to the Products after thirty (30) days from the date of delivery.

To return Products, you must call Dentek Customer Service at 1-800-433-6835 to receive a Return Merchandise Authorization number (“RMA”). After receiving an RMA, you must ship the Products to Dentek in their original packaging and condition, unused and uncut, prepay shipping charges and accept the risk of loss or damage during shipment. Dentek will not ship a replacement or exchange until we have received the returned Product.

The returned package must contain a copy of an original sales “receipt” or invoice containing the price of the returned Product(s). Returned Products must be in “as-new” condition, and all of the manuals and other items included with a Product must be returned with it. Any returned Product shipped C.O.D., without a RMA visible on the exterior of the package, or in any other way shipped without complying with every requirement under this section may be returned by Dentek. Dentek will not accept returns or exchanges of Products with removed or altered serial numbers or missing/broken quality seals.
Price protection is extended ten (10) days from date of receipt, original receipt required. A restocking fee of 15% of the purchase price will be charged on any returned item without complete packaging. (The 15% fee will be assessed at time of refund). Refunds on money orders or certified cash or check purchases in excess of $100.00 will be issued by check from Dentek corporate office within 15 business days of the return date. Refunds on purchases made with a credit card will only be credited to the same card, and may take up the 72 hours to post on the account.

Section 9
Customer Support

Dentek provides a range of basic support options for the Products via a variety of on-line, telephone, and other methods.

(a) Dentek Internet Site. We recommend that before calling customer support, you go to the Dentek site on the Internet (http://www.usdentek.com). It is likely that you can find answers to most, or all, of your questions there.

(b) Customer Support Telephone Number. You may contact 1-800-433-6835. Dentek also provides a customer support department which can assist you with questions about your purchase, shipment, warranty service, and any exchanges or returns. This is also the number to call to change your address or to inquire about orders, bills and invoices.

Section 10
Entire Agreement/Revisions

This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Dentek. Dentek may revise this Agreement at any time without notice by updating this posting, and said revisions shall be effective immediately upon posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of which you are bound. For convenience purposes only, Dentek may e-mail you the most current version of this Agreement or any revisions at the e-mail address provided during the registration process (or any updated e-mail address given by you) in the event that there are any revisions to this Agreement.

Section 11
Assignment

Customer shall not assign any order or any interest therein without the prior written consent of Dentek. Any actual or attempted assignment without Dentek's prior written consent shall entitle Dentek to cancel such order upon notice to customer.

Section 12
Waiver, Choice of Law and Venue

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Tennessee, excluding conflict of law rules. For any dispute arising under this Agreement, you hereby waive your right to a trial by jury; you hereby waive your right to sue only except on an individual basis; and you waive your right to bring any putative or certified class action.

Section 13
International Orders; Not For Resale

Dentek has separate terms and conditions governing (1) the provision of Products to customers outside the United States or (2) to persons desiring to purchase Products for Resale.

Section 14
Headings

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

Section 15
Severability

If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.

Section 16
Notice

Except as explicitly stated otherwise, any notices shall be given by postal mail to Dentek Oral Care, Inc., 307 Excellence Way, Maryville TN 37801 (in the case of Dentek) or to the email address you provide to Dentek during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless and only unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Dentek during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

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