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DENT ZAR, INC.
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Terms and Conditions of
Sale
PLEASE READ THIS DOCUMENT
CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND
EXCLUSIONS THAT APPLY TO YOU. These terms and conditions ("Agreement") apply to your purchase of dental products from Dent Zar. By accepting delivery of the product, you accept and are bound to the terms and conditions of this Agreement.
1.
This Agreement may NOT be
altered, supplemented, or amended by the use of any other document(s)
unless otherwise agreed to in a written agreement signed by both you and
us. If you do not receive an invoice or acknowledgement in the mail, via
e-mail, or with your product, information about your purchase please
contact our sales representative.
2.
Payment Terms; Payment
terms are within our sole discretion, and, unless otherwise agreed to by
Dent Zar, payment must be made at the time of purchase. Payment for a
product may be made by credit card (Visa, Master Card, Discovery, or
American Express), or by wire transfer.
3.
Your order is subject to
cancellation by us, at our sole discretion. We are not responsible for
pricing, typographical, or other errors, in any offer by Dent Zar and
reserves the right to cancel any orders resulting from such errors.
4.
Shipping Charges; Taxes;
Risk of Loss. Shipping and handling are additional charges. Loss
or damage that occurs during shipping by a carrier is our
responsibility. You must notify us within 15 days of the date of
your invoice or acknowledgement if you believe any part of your purchase
is missing, wrong, or damaged. If you are located in California, we will
charge you the applicable sales tax. Dent Zar charges
applicable taxes (VAT, GST, etc.), to our Customers in Canada, New
Zealand, UK, Ireland, Australia and other Countries were Dent Zar's
products are sold solely by Dent Zar.
5.
Our dealers/distributors
are fully responsible for taxes and duties in the Countries were they
distribute Dent Zar's products.
6.
Dent Zar's distributors
must fulfill all legal obligations necessary to market products in the
Countries were they sell Dent Zar's products
7.
Return;
the product may be returned to
the company within one month from the date it was purchased.
8.
Expiration Dates and Lot
Number. Dent Zar provides an expiration date and lot number on all of
its products. An expiration date label and a lot number label is
attached to every product's packaging to insure traceability.
9.
Changed or Discontinued
Product. We are always adding new products and improving our
existing line of materials. We may revise and discontinue products at
any time without notice.
10.
Technical Support, Product
Instructions. Instructions for use is provided with each product
sold, as well as, available online. Dent Zar provides technical
support on all products sold.
11.
Dent Zar' is not obligated
to provide technical support on products that you purchased through a
third party.
12.
A Material Safety Data
Sheet is available for each product sold.
Some of the information presented and conclusions drawn in the Material
Safety Data Sheets are from sources other than direct test data on the
product itself. The information in MSDS's are obtained from sources,
which we believe are reliable. However, the information is provided
without any warranty, express or implied, regarding its correctness.
The conditions or method of handling, storage, use and disposal of the
product are beyond our control and may be beyond our knowledge. For this
and other reasons, we do not assume responsibility and expressly
disclaim liability for loss, damage or expense arising out of or in any
way connected with the handling, storage, use or disposal of the
product. The MSDS is prepared and is to be used for the particular
product only. If the product is
used as a component in another product or used in a way other than
recommended by Dent Zar, than MSDS information may not be applicable.
13.
Applicable Law;
Dent Zar's Products are Intended for Professional Use Only!
14.
Governing Law. THIS
AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 15. YOUR INDEMNITY TO DENT ZAR. To the fullest extent permitted by law, you will indemnify, defend and hold Dent Zar, including Dent Zar's distributors, officers, directors, agents, employees, subsidiaries, affiliates, successors and assigns, harmless from any claim, demand, cause of action, debt or liability (including reasonable attorneys fees, expenses and court costs) arising from: (1) your modification(s) of and/or addition(s) to product(s);
(2) your breach of this
Agreement, (3) your omissions, misrepresentations, or negligence,
and (4) the products sold by you damage a third party to the extent such
claim is based on (5) your modification of and/or addition to the
products, misuse or abuse of the products, negligence or breach of any
provision in this Agreement; (6) your failure to abide by all applicable
laws, rules, regulations, products instructions and products' warnings
that affect the products and ultimately well being of the patient; (7)
your failure to abide to storage, and handling instructions of the
products that can cause premature deterioration of the products. (8)
your omission, misrepresentation, or negligence while using products
which might lead to or might have led to the death of a patient or user
or to serious deterioration in his state of health.
16.
Reselling. You may
resell products to end-users approved by us, in our sole discretion.
Approval by Dent Zar shall not be deemed from the sale of products to
you. This Agreement is not exclusive. Dent Zar may market products to
any third party directly or indirectly without any obligation or
liability to you..
17.
Trademarks; Copyrights.
You may use the "Dent Zar's" name and Dent Zar's product names solely
for the purpose of accurately identifying the Dent Zar-branded products.
You may not use the Dent Zar's name and Dent Zar's products names for
any other purpose. You may not use other Dent Zar trademarks, Dent
Zar's logos, or copyrighted works at any time. You may not register or
use any domain name or business name containing or confusingly similar
to any name or mark of Dent Zar's.
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