Extended Limited Warranty Agreement
This Extended Limited Warranty Agreement (the “Warranty”) is made between Interoral.ai, a Florida company, located at 6303 Waterford District Drive, Miami, Florida 33126 and the party set forth on the signature page hereto (“You”), and is effective on the later of the dates set forth upon the signature page (the “Effective Date”).
I. FEE:
You will be billed a monthly fee, in advance, to receive this Warranty. The fee will be based on the specific patient protection plan and/or price plan that you choose as indicated on the attached Schedule “A” (incorporated by reference herein and hereinafter referred to as “Schedule A”). If, during the term of this agreement, you change your price plan or protection plan, the fee may be increased.
II. EXTENDED LIMITED WARRANTY:
A. Interoral.ai warrants your individually owned dental products produced by Interoral.ai (hereinafter the “Product”) against defects in material and workmanship under normal use and service.
B. At its option, Interoral.ai, will replace or repair the Product during the warranty period at no charge. Any replacement dental product will be of equal or comparable value to the initial Product.
III. THIS WARRANTY DOES NOT COVER:
- A. Defects or damage resulting from use of the Product in other than its normal and customary manner;
- B. Defects or damage from misuse, accident, and/or neglect;
- C. Defects or damage caused by you and/or any third person from improper testing, operation, maintenance, installation, adjustment, and/or any alteration and/or modification of any kind;
- D. If the Product is disassembled or repaired in such a manner as to adversely affect performance and/or prevent adequate inspection and testing to verify any warranty claim;
- E. Scratches on all surfaces from normal use;
- F. Damage resulting from normal wear and tear; and/or
- G. Any additional charges incurred by you from your dental professional for the installation and/or maintenance of Products repaired or replaced under this Warranty.
IV. HOW LONG THIS WARRANTY LASTS:
Interoral.ai will provide the warranties or benefits described in Paragraph II for the length of time you indicate on Schedule “A.”
V. HOW TO GET YOUR REPLACEMENT UNDER THIS AGREEMENT:
To receive your replacement dental product, you may be required to present your product either to Interoral.ai or by visiting a dental professional designated and approved by Interoral.ai and completing the claim request form through your dentist.
VI. YOUR OBLIGATIONS UNDER THIS WARRANTY:
You must use the Product in a normal way; you must protect against further damage to the Product if there is a covered defect; and you must follow any and all of Interoral.ai’s instructions regarding the proper maintenance and care of the Product.
VII. HOW AND WHEN YOU OR WE MAY TERMINATE THIS WARRANTY:
A. We may terminate this Warranty subject to Paragraph VII(B). You may terminate this Warranty at any time. If you or Interoral.ai terminate this Warranty more than thirty (30) days after receiving this Warranty, you will receive a prorated refund of your monthly fee for this Warranty, as applicable.
VIII. OTHER CONDITIONS:
A. This is Interoral.ai’s complete Warranty for your Product. Interoral.ai assumes no additional obligation and/or liability for additions and/or modifications to this Warranty unless made in writing and signed by an officer of Interoral.ai. Further, Interoral.ai does not warrant the installation, maintenance, and/or service of the Product.
B. Interoral.ai cannot be responsible in any way under this Warranty for any ancillary equipment attached to or used in connection with the Product, or for operation of the Product with any ancillary equipment. All such equipment is expressly excluded from this Warranty. Furthermore, Interoral.ai cannot be responsible for any damage to the Product resulting from the use of ancillary equipment not furnished by Interoral.ai for use with individually owned equipment.
C. When the Product is used in conjunction with ancillary and/or peripheral equipment not furnished by Interoral.ai, Interoral.ai does not warrant, and shall not supply service in connection with, the operation of the Product/peripheral combination, and Interoral.ai will honor no warranty where the Product is used in such a combination and it is determined by Interoral.ai that there is no fault with the Product. Interoral.ai specifically disclaims any responsibility for any damage caused in any way by the use of product accessories, ancillary equipment, and peripherals (specific examples include, but are not limited to, cleaning supplies) when such accessories, equipment, and peripherals are not furnished by Interoral.ai.
IX. GENERAL PROVISIONS:
A. This Warranty sets forth our responsibilities regarding the Product. Replacement or repair of the Product, as described herein, is your exclusive remedy. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.
B. IN NO EVENT SHALL Interoral.ai BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
C. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
X. CHOICE OF LAW:
This Agreement has been entered into in the State of Florida, and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of the State of Florida without regard to any conflict of laws principles. The courts located in the State of Florida and County of Miami-Dade will have exclusive jurisdiction of any controversies regarding this Agreement; and any action or other proceeding which involves such a controversy will be brought exclusively in the courts located within the State of Florida and County of Miami-Dade; provided, however, if Interoral.ai is sued or joined in any other court or forum in respect of any matter which may give rise to a claim by Interoral.ai hereunder, you consent to the jurisdiction of such court or forum over any such claim which may be asserted by Interoral.ai.
XI. NOT AN INSURANCE OR SERVICE CONTRACT:
The parties agree that this Warranty does not constitute an insurance agreement nor is it a “service contract” under any applicable provisions of the Florida Insurance Code.
The parties acknowledge that Interoral.ai:(a) is not registered with the State of Florida or any other state to provide service or insurance contracts;
(b) is the manufacturer of the Product covered by the warranty offered herein, and therefore has a relationship to said Product;
(c) possesses knowledge about the Product thereby greatly reducing the chance of risk involved with the Product; and
(d) is providing a warranty for separate, additional consideration beyond the consideration initially exchanged for the Product itself.