1. Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

 

  1. Intellectual Property Rights

Other than the content you own, under these Terms, next level ortho appliances and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

 

  1. Restrictions

You are specifically restricted from all of the following

Certain areas of this Website are restricted from being access by you and next level ortho appliances may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

 

  1. Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant next level ortho appliances a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. next level ortho appliancesreserves the right to remove any of Your Content from this Website at any time without notice.

 

  1. No warranties

This Website is provided “as is,” with all faults, and next level ortho appliances express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

 

  1. Limitation of liability

In no event shall next level ortho appliances, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  next level ortho appliances, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

 

  1. Indemnification

You hereby indemnify to the fullest extent next level ortho appliances from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

 

  1. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

 

  1. Variation of Terms

next level ortho appliances is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

 

  1. Assignment

The Company Name is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

  1. Entire Agreement

These Terms constitute the entire agreement between next level ortho appliances and you in relation to your use of this Website, and supersede all prior agreements and understandings.

 

  1. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of State, and you submit to the non-exclusive jurisdiction of the state and federal courts located in State for the resolution of any disputes.

 

 

 

 

Next level ortho appliances 

GENERAL TERMS AND CONDITIONS

The following terms and conditions shall apply to all orders placed with Next level ortho appliances by Client:

1.Payment Terms.

Client will receive an invoice with every case delivered detailing the products and associated fees incurred. Your obligation for payment begins on the date of the shipment, and delivery destination, freight prepaid.

In addition, Client will receive a monthly statement listing all outstanding invoices. All outstanding fees are due within 25 days of the statement date. A finance charge will be assessed to any past due account of 2% per month, or if such finance charge violates any applicable laws, the maximum amount permitted by law. Any accounts not paid within 25 days of the statement date may be put on hold and may be sent to collections. Client shall pay all costs of collection, including without limitation, collection agency and attorneys’ fees, incurred by Next level ortho appliances.

Payments may be made by bank transfer only. All payments made by  Client while a past due balance exists shall be applied first to late charges and second to past due balances before being applied to current balances unless elected otherwise by Next level ortho appliances.

From the return right excluded are goods which are made from costumerspecifikation

  1. Warranty.
    • A.

What is Covered.

Subject to the terms and conditions set below, Next level ortho appliances offers a one year warranty on fixed appliances and a 3 month warranty on removable appliances as follows:

work is guaranteed to be free of defects due to materials and workmanship and the appliance is guaranteed to fit the provided data and to be constructed to the design requested on the prescription form. The warranty runs from date a restoration request is received by Next level ortho appliances.

    • B.

Exclusions.

The following shall not be covered by Next level ortho appliances warranty:

(i) cash refunds for custom-made restorations;

(ii) costs incurred for removal or insertion;

(iii) repairs resulting from accident, neglect, abuse, failure of supportive tooth structure or tissue structures, improper adjustments or dental hygiene;

(iv) restorations partially fabricated or completely fabricated by any lab other than Next level ortho appliances.

    • C.

 How the Warranty Works.

If during the applicable warranty period Client experiences any problems with its appliances that are covered by the warranty as described herein, then Client may elect to receive as follows:

(i) Credit – within 30 days of request by Client, a credit will be issued and applied to Client’s account;

or

(ii) Remake/Repair during the warranty period, Next level ortho appliances will remake or repair the restoration

Conditions.

In order for Client to receive the benefits of the warranty, Client agrees as follows:

(i) Client must provide Next level ortho appliances with proof-of-purchase, including an invoice and patient name;

(ii) the original appliance (including any damaged pieces) must be returned;

(iii) the appliance must be inserted by a licensed, practicing orthodontist; and

(iv) if Next level ortho appliances requests a new intraoral scan, but is instructed by Client to proceed without the new scan, the warranty shall be null and void and any further remakes will be completed at full cost.

  1. Safety and Quality Information.

All products manufactured in Austria use approved materials.

 

  1. Disclaimer; Limitation.

EXCEPT AS SPECIFICALLY SET FORTH HEREIN, Next level ortho appliances MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Next level ortho appliances 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 APPLIANCES, LOST WAGES, PAIN AND SUFFERING, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES PROVIDED BY MODERN HEREUNDER.

  1. Client Responsibility;

No Liability to Patients. Client shall supply Next level ortho appliances in writing with all specifications and information reasonably required by Next level ortho appliances to prepare the appliance requested by Client. While Next level ortho appliances reserves the right to request further specifications or information, it expressly disclaims any duty to do so and may rely entirely upon the original specifications and information provided by Client without any duty of investigation. Client shall be solely responsible for the accuracy of any such specifications or information. Client shall indemnify, defend and hold Next level ortho appliances and its officers, shareholders and directors, harmless from any and all claims, liabilities and damages arising by reason of treatment of any of Client’s patients or the actual application, fit, alignment or ultimate use of any restoration prepared by Next level ortho appliances hereunder. IN NO EVENT SHALL Next level ortho appliances BE LIABLE TO ANY PATIENTS OF CLIENT FOR ANY DAMAGES RESULTING FROM ANY USE OF ANY RESTORATION OR OTHERWISE.

  1. Choice of Law; Venue; Attorneys’ Fees.

This Agreement shall be governed by the laws of Austria without regard to its conflicts of laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts in Vöcklabruck, Austria for all matters and actions arising under this Agreement. If any proceedings are required to enforce any provision or to remedy any breach of this Agreement, the prevailing party shall be entitled to an award of reasonable and necessary expenses of litigation, including reasonable attorneys’ fees and costs.

Modern reserves the right to revise these terms and conditions at any time and to refuse service for any reason.