Terms & Conditions
Novus Dental Laboratory – Gardena, CA. USA
General Terms & Conditions
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The following terms and conditions shall apply to all orders placed with Novus Dental Laboratory by Client:
1
Payment
Once a case is complete, Client will receive an invoice attached detailing the products and its appropriate amount incurred. Your obligation for payment begins on the date of the shipment. In addition, Client will receive a monthly statement listing all outstanding invoices. All outstanding fees are due within 20 days of the statement date unless certain conditions were discussed. A finance charge will be assessed to any past due account of 5% per month or if such finance charge violates any applicable laws, the maximum amount permitted by law. Any accounts not paid within 20 days of the statement date will be placed on hold and/or converted to C.O.D. basis and may be sent to collections. Novus Dental Laboratory reserves the right in its sole discretion to refuse accepting any new
cases, processing remake cases and/or pick up return cases until the balance is paid in full and the account is current. A non-refundable charge will apply if the original appliance is not returned at the time of remake request.
2
Remake Policy
We intend to do our part to bring you the best of Novus Dental Laboratory's products. Remakes/Returns will be at no charge except under the following circumstances:
a. Novus Dental Laboratory notifies the client one or more flaws in an impression that will likely cause a problem with the restoration however instructed to complete the case.
b. The die is trimmed/marked by the doctor.
c. If a remake is requested because the appliance fits the model but does not fit intraorally.
(Implants, Dentures, Veneers, Crowns)
d. Shade change is requested different from originally prescribed.
e. If a remake is requested greater than 30 days from invoice date.
f. Novus Dental Laboratory received a new impression without the original work:
i. Original Model
ii. Original Impression
iii. Restoration
iv. Detailed instructions on Rx Form indicating the reason(s) of issues.
g. Novus Dental Laboratory's Remake/Return Policy will not apply to any account past due.
h. No refund issused. Credit will be applied to the account that meets all requirements.
3
Disclaimer;Limitations
Except as specifically set forth herein, Novus Dental Laboratory – Gardena, CA. makes no warranties, either expressed or implied, including implied warranties of merchantability and fitness for a particular purpose. In no event shall Novus Dental Laboratory – Gardena, CA. be liable for any indirect, consequential, special
or incidental damages whatsoever (including, without limitation, damages for loss of business profit, inconvenience, lost chair time, costs incurred when removing or inserting restorations, lost wages, pain and suffering, business interpretation or other pecuniary loss) arising our of or in connection with the products and services provided by Novus Dental Laboratory – Gardena, CA.
4
Attorney Fees
If any Party brings an action or proceeding involving this statement whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys’ fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term, “Prevailing Party” shall include, without limitation, a Party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party of its claim or defense. The attorneys’ fees award shall not be computed in accordance with any court fee schedule but shall be such as to fully reimburse all attorneys’ fees reasonably incurred. This agreement shall be governed by the laws of the State of California without regard to its conflict of laws rule.