1. Scope of application
These General Warranty Conditions of Swiss Dental Solutions AG (hereinafter referred to as Swiss Dental Solutions or SDS), apply EU-wide to SDS certified dentists who have purchased the products directly from Swiss Dental Solutions or from an authorized distributor, for all SDS1.2/ SDS2.2/SDS2.1 implants and implant posts manufactured and marketed by Swiss Dental Solutions AG, its subsidiaries and authorized distributors.
Patients, laboratories and intermediaries cannot derive any rights from this.
2. Requirements for a possible guarantee
Dentists can only invoke this guarantee if
- appropriate training/education by SDS has been attended and the practitioner is certified in this respect, and
- the treatment complies with the guidelines of the instructions for use, the drilling protocol and/or the prosthetic manual and there is no negligent deviation from these, and
- the treatment corresponds to the current status of the mandatory training of Swiss Dental Solutions and
- there are no outstanding payments by the treating dentist to Swiss Dental Solutions at the time the claim is reported, and
- a potential claim has been filed with Swiss Dental Solutions by the treating dentist within thirty (30) days of discovery of a defect, and the notification has been completed on the FO-822.04 notification form, indicating the alleged source of the defect, and submitted to Swiss Dental Solutions within ninety (90) days, along with the claimed product and radiographs (All products must be sterilized prior to submission to Swiss Dental Solutions).
3. Time limitation | Scope of the warranty
If a warranty case exists, the resulting benefits are unlimited in time in the case of a fracture.
Otherwise, in case of non-osseointegration or loss of osseointegration, the warranty is limited to the period until the final placement of the final prosthetic restoration. In these cases, Swiss Dental Solutions guarantees the replacement of SDS implants. The implant will be replaced by Swiss Dental Solutions with an equivalent implant from Swiss Dental Solutions. Changes in design, diameter and length are therefore possible.
In the event of a warranty claim, Swiss Dental Solutions will replace the respective product at no additional cost.
The aforementioned services are the sole obligation of Swiss Dental Solutions. In particular, this warranty does not cover any costs or services related to the respective treatment or follow-up treatment.
4. Exclusion of the warranty
Warranty services are excluded if
- the product fails due to trauma of an accident or intentional or grossly negligent injury to the patient or a third party, or
- the product fails in patients with known contraindications to successful osseointegration of the implant, or
- the failure of mechanically stressed components is due to normal wear or deterioration of the patient’s health.
Claims against Swiss Dental Solutions are also excluded in cases of non-osseointegrated implants if the personal SDS success rate of the practitioner is not at least 90 % of the average success rate of all practitioners since the introduction of the current product range (‘130,000 implants since 2013).
In all these cases, no warranty services will be provided according to these warranty provisions (chemotherapy, bone loss due to disease or age, etc.).
5. No further claims
Dentists cannot make any further claims for damages in connection with the subject matter of this warranty.
Swiss Dental Solutions does not assume any costs, fees or lost profits from treatment providers or laboratories.
Swiss Dental Solutions also disclaims any further liability to treatment providers.
6. Applicable Law | Place of Jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. The agreed place of jurisdiction is Constance.
7. Summary as a diagram without claim to guarantee:
|Cemented implant Post
|Warranty during osseointegration *
|Implant post replacement
|Replacement of the implant in case of fracture
|Replacement of the implant post in case of fracture
* In case of non-osseointegration or loss of osseointegration, the warranty is limited to the period until the final placement of the final prosthetic restoration. Swiss Dental Solutions will provide replacement for these non-osseointegrated implants only if all conditions of the warranty are met and as long as the personal SDS success rate of the practitioner is at least 90 % of the average success rate of all practitioners since the introduction of the current product range (+130,000 implants since 2013) and no other reasons for exclusion exist.