Terms and Conditions - Triodent

Terms Used

"The buyer" or "customer" refers to any legal entity purchasing from Triodent.

General

These terms and conditions (together with the acceptance) constitute the entire agreement between Triodent and the buyer of goods from Triodent. It is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract.

In particular:

• Any condition contained in the buyer's order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by Triodent.
• Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by Triodent.
• Where the buyer and Triodent agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of Triodent.

Disclosure Of Information

The buyer acknowledges that, in purchasing products from Triodent, Triodent will obtain and retain certain information relating to the buyer (e.g., name and address details, product ordering and purchasing history).  By submitting an order for products to Triodent, the buyer authorizes Triodent to disclose such information to its affiliates, agents, business partners, distributors and other relevant business organizations for the purposes of facilitating the provision of ongoing sales and product information and customer support.

Formation of Contract

The seller's website and advertising only constitute an invitation to purchase. Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions. Triodent's acceptance occurs (and the contract is formed) when the goods are dispatched to the buyer.

Cancellation of Order

Since order processing is largely automated and commences on submission of an order, cancellation of an order may not be possible unless notification of cancellation is made soon after the order is submitted. Please contact Triodent as soon as possible. Triodent cannot effect a cancellation once goods have been processed for dispatch.

Delivery

Triodent reserves the right to dispatch the buyer's order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments providing the goods have not been shipped.

A link to check the order status of the customer's order is provided with the email order confirmation. Tracking numbers are provided where an order has been dispatched.

Delivery times as specified on the Triodent website are made in good faith but are estimates and Triodent shall not be bound by such quotation.

Shortages, Damages or Loss in Transit

Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for Triodent to investigate the claim.

Goods leaving a Triodent dispatch center are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:

• Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received.
• Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
• Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
• No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by Triodent Ltd details of any claim should be advised to the seller.

Return of Goods for Credit or Refund

Goods supplied in accordance with the buyer's order can only be returned with the express approval of Triodent.

Requests to return goods must be submitted to Triodent by post, fax or email within 7 days from the date of supply, or within the stated "right of return" period for that given product, and the original invoice number must be quoted.

Where goods are accepted (for credit or refund at Triodent's discretion) a return confirmation will be supplied to the customer. The goods must be delivered in original condition and packaging, at the buyer's expense, to an address supplied by Triodent, with a copy of the return confirmation.

To request a return please go to our Contact Us page

Tax and Duties

Triodent is not responsible for any import taxes (and/or customs duties) which may be levied on international orders by your country of shipping. If you refuse to pay any of these import taxes (and/or customs duties), your order may be destroyed or otherwise disposed of by said authorities. If this occurs you will not be entitled to any refund from Triodent or any of its affiliated partners.

Triodent Liability and Maintenance Guarantee

The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and Triodent is under no liability if they are not.

In lieu of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials or workmanship within the guarantee period, if stated, or otherwise within 12 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. Triodent shall not be liable for consequential, indirect or special damages or loss of profits under any circumstances. At the termination of the appropriate period (i.e. guarantee period or 12 months as indicated above) all liability on Triodent's part ceases.

The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.

Triodent's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that Triodent has no liability to any client of the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.

Property and Risk

Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by Triodent or by the source to the buyer or his agent or to a carrier for delivery to the buyer.

Ownership of all goods sold by Triodent ("the goods") is retained by Triodent until full payment is received for all amounts owing in respect of all goods supplied. This provision is designed to protect Triodent in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.

Until full payment is made, the buyer agrees to:

• Enable the goods to be readily identifiable as the property of Triodent.
• Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by Triodent.
• On a sale or other realization of the goods the buyer shall identify and separately account for the proceeds of sale.
• Prior to the buyer acquiring property in any goods, Triodent may at any time directly or by its agents or servants enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed, then:
• The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and,
• The buyer will reimburse, indemnify and hold harmless Triodent, its employees and agents in respect of any costs (including legal costs on a solicitor-client basis), expenses, loss or damage (including such to any third parties) in respect of the exercise or attempted exercise of the Triodent's remedies, and,
• Triodent may cancel any or all contracts with the buyer and Triodent will not be liable to the buyer therefore, and,
• All moneys owing by the buyer to Triodent on any account whatsoever shall become immediately due and payable, and,
• The value of such goods seized shall be assessed as the lesser of current market value or the invoice value at the time of sale.
• Any excess after satisfying all of the buyer's payment obligations (including under the indemnity) will be paid to the buyer.

Errors or Omissions

Triodent is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to Triodent's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. Triodent will notify the buyer promptly of any error or omissions discovered by Triodent, and give the buyer the option of returning the goods for a full refund or making good on the error.

Foreign Transaction Fee

Some credit card issuers charge fees for transactions made via merchant processors outside the purchaser's country of residence, even though the charge is in the currency of that card. Triodent has no control over these charges and all such charges must remain the responsibility of the purchaser.

Description of Products

Modifications and improvements to Triodent products are constantly being made. If the goods do not match the description on the Triodent website, the buyer should inform Triodent immediately so that Triodent may take appropriate action.

Force Majeure

Triodent shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labor dispute, civil commotion, intervention of a government, inability to obtain labor, materials or facilities and accidents, interruptions of or delay in transportation or any other cause beyond Triodent's control.

Compliance

The buyer shall be solely responsible for obtaining any necessary permits or licenses under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods within the buyer’s country.

Legal Governance

All parties agree that any purchase of goods from this website is governed by the laws of the United States.

Schedule of Manufacturer's Warranty

Warranties of 2 years (instruments) and 6 months (consumable products) apply to all products manufactured by Triodent.

Warranty Conditions

1. Subject to the specific limitations and exceptions, the Manufacturer warrants all dental instruments of its manufacture to be free from defect in workmanship under normal use and service.
2. This Warranty does not apply to any defect, loss or damage arising or caused directly or indirectly by or as a result of:

a. Incorrect use or use other than specified in the manufacturer's instructions.
b. Any defect arising from or attributable to the failure to carry out normal preventive maintenance
c. Any defect arising from or attributable to sterilization, except in accordance with manufacturer's guidelines
d. Excessive wear and tear

3. Items excluded from Warranty:

a. Compartmented boxes
b. Third party products. The Manufacturer will, however, procure and assign to the customer the benefit of the Warranty of the Manufacturer of the product where possible.

Making a Claim

A claim can be made by contacting the Customer Services Team or Customer’s Representative.

1. The following MUST be provided to the Manufacturer at time of Warranty claim:

a. Proof of purchase
b. Details of where and when purchased
c. A comprehensive description of the problem, including when/how it occurred

2. Triodent will respond to a claim within 48 hours.

3. Faulty goods must be returned to Triodent if requested, at the customer’s expense.

4. Faulty goods will be replaced and dispatched with the customer’s next order.

a. Triodent may, at its discretion, dispatch replacements immediately
b. Triodent may, at its discretion, forward-replace faulty items and/or,
c. Waive the requirement for faulty goods to be returned

5. Replaced goods will carry the greater of:
a. The warranty of the good from the original purchase, or a
b. 3 month warranty