Have a question regarding our Warranty, Return Policy, Shipping, etc? If so you can find answers to the typical questions asked by our customers by utilizing the links below.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our site (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
3. Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
4. Indemnification. You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
5. Disclaimer. THE CONTENT, SERVICES, PRODUCTS OFFER FROM OR LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
6. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
7. Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
8. Submissions. All suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
9. General. You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site, any products or services obtained by you through such use, shall be litigated in the circuit court of Orange County, California or the United States District Court for the Central District of California. you are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Orange County, California or the central district of California is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by DiamoDent® in the State of California, USA. As such, the laws of California will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
If product is related to a complaint please read the following:
Please call Customer Service Dept. at 888-281-8850 if you have any questions. All returns ARE subject to shipping charge (s), price-break adjustments, and possible restocking charge.
DiamoDent® offers "Lifetime Warranty" on all restorative components. DiamoDent® warrants that its products shall be free from defets in material and/or workmanship. This warranty applies only to the original purchaser. DiamoDent® will at its option, either repair, replace or issue credit for such products. Purchaser assumes all risks and liability resulting from the use of these products. DiamoDent® makes no other warranties, express or implied, except as set forth above.
In the event of a product defect, please immediately notify DiamoDent's Customer Service Department prior to returning the product. Product must be sterilized prior to return.
All products and services provided by DiamoDent, Inc. (“DiamoDent”) or its representatives to any customer, distributor, purchaser or end-user (herein, “Buyer”) are expressly subject to and conditioned upon the following terms and conditions. By acceptance of DiamoDent's products or services, Buyer accepts all terms and conditions outlined herein, and agrees that these terms and conditions, together with the item, quantity, delivery and other terms set forth on DiamoDent's order confirmation or acknowledgment, shall constitute the entire agreement between the parties on the subject matter hereof, superseding all other communications, documentation and negotiations for the same goods and services. Without limiting the foregoing, Buyer’s acceptance of DiamoDent's products and services shall be deemed a waiver of any different or additional terms in any purchase order, proposal, quote, or other document furnished by Buyer, whether before or after DiamoDent's delivery of products or services, which terms are hereby expressly objected to by DiamoDent and shall be of no force and effect.
Acceptance and Cancellation of Orders. Orders shall not be considered accepted unless DiamoDent expresses its acceptance and ships the Products ordered. DiamoDent reserves the right, at its option and without liability to specify an alternate delivery schedule if orders for any product from all sources exceed DiamoDent's inventory or ability to deliver or if DiamoDent determines for any reason in its reasonable discretion that it cannot fill the order in its usual course of business. DiamoDent may allocate available inventory and production in its sole discretion. Accepted orders may be cancelled by Buyer by calling DiamoDent's Customer Service during business hours before 3pm Pacific Standard Time.
Payment Terms. All payments to DiamoDent shall be made in US dollars. For the protection of both parties, credit card orders may require a security check concerning the ownership and validity of the credit card. Orders with Net 30 terms are due 30 days from date of invoice, check or credit cards. DiamoDent reserves the right to change its terms of sale or to require prior payment, letter of credit or COD when, in the opinion of DiamoDent, the financial condition or previous payment record of Buyer so warrants. DiamoDent shall not be obligated to extend credit to any Buyer. In the event any Buyer’s accounts are delinquent in excess of 30 days past due, DiamoDent at its own discretion may institute credit hold procedures on all open orders. Future orders will not be confirmed until Customer’s account is brought current, including any outstanding finance charges, if any.
Taxes and Duties. All prices quoted are exclusive of all taxes and import/export duties applicable to the Products (including, without limitation, sales tax, customs and similar taxes or duties and Medical Device Excise Tax,. Any such tax, fee, or charge shall be paid by the Buyer in addition to the prices quoted or invoiced.
General Terms of Shipment. All Products will be suitably packed, marked and shipped in accordance with Federal Express and other applicable requirements. Risk associated with the Products shall pass to Buyer upon delivery of the Products to Federal Express by DiamoDent, and DiamoDent shall not be liable for any delays or loss or damage to the Products in transit. Any claim for damage in transit must be made directly to the delivering carrier within ten (10) business days of receipt of shipment. Taxes and shipping charges will be invoiced to Buyer and are subject to all terms and conditions of payment herein.
Compliance with Laws. Buyer is responsible for compliance with any laws, regulations and legal authorities applicable to the export, import, transfer, sale or other disposition of the purchased products, including all applicable U.S. export control laws and regulations, and shall not export, re-export, or otherwise transmit, directly or indirectly, any Product, software, technical data, or other materials received from DiamoDent, or information which is the direct product of such information, unless in full compliance with all applicable laws and regulations, including obtaining any required export licenses. If Buyer requires DiamoDent to export products from the U.S., Buyer will be responsible for providing all import certificates or other documents necessary to obtain any required export licenses.
Inspection. Buyer shall inspect all Products upon arrival and shall give written notice to DiamoDent, within five days of arrival, of any claim for shortage or other nonconformance with the terms of Buyer’s order. If Buyer fails to give timely notice, all Products shall be deemed to conform to the terms of Buyer’s order. In the event of a product defect, please immediately notify DiamoDent's Customer Service Department prior to returning the product. Product must be sterilized prior to return.
Product Specifications. DiamoDent reserves the right to change the design or specifications of any product or component or to discontinue the manufacture of any Product at any time. DiamoDent will use commercially reasonable efforts to notify Buyers of any decision to discontinue products or any changes in product specifications affecting form, fit or function.
Product Warranty. DiamoDent offers "Lifetime Warranty" on all restorative components. DiamoDent warrants that its products shall be free from defects in material and/or workmanship. This warranty applies only to the original purchaser. DiamoDent will at its option, either replace or issue credit for such products. Purchaser assumes all risks and liability resulting from the use of these products. DiamoDent makes no other warranties, express or implied, except as set forth above.
In the event of a product defect, please immediately notify DiamoDent's Customer Service Department prior to returning the product. Product must be sterilized prior to return.
Limited Remedy. Any breach of the foregoing warranty must be reported prior to expiration of the warranty period, and the Buyer’s exclusive remedy, and DiamoDent's entire liability for breach of the foregoing warranty, shall be replacement, at DiamoDent's option, of the non-conforming product or part, if failure is due to the defect in parts or workmanship. If replacement is not, in DiamoDent's opinion, commercially feasible, DiamoDent will refund the purchase price paid by Buyer for the product in question. If, upon inspection, the product is shown to have been damaged by misuse or neglect, including failure to follow product use instructions, then DiamoDent's warranty is void.
IN NO EVENT SHALL DIAMODENT OR ITS SUPPLIERS BE LIABLE TO BUYER OR ANY THIRD PARTY FOR DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, DIAMODENTS' PRODUCTS, OR FOR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND. DIAMODENTS’ TOTAL LIABILITY FOR DAMAGES, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PRODUCTS COVERED BY THESE TERMS AND CONDITIONS.
TO THE FULL EXTENT ALLOWED BY LAW, THE WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, TERMS, OR CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, DURABILITY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. WHEN, UNDER APPLICABLE LAW, IMPLIED WARRANTIES MAY NOT BE EXCLUDED IN THEIR ENTIRETY, SUCH WARRANTIES WILL BE LIMITED TO THE DURATION OF THE APPLICABLE WRITTEN WARRANTY.
Returns and Restocking Fee. No returns will be accepted without a Return Authorization Number issued by DiamoDent. Products returned for credit must be in the same condition as when they were shipped by DiamoDent and in their original, unopened packaging, undamaged and clean. Products must have been purchased within 30 days from the date of the invoice. Buyer can be charged a restocking fee for all returned Products of up to twenty-five percent (25%) of the invoiced price, except that no restocking fee will be charged for any Products returned under a valid warranty claim.
Finance Charges and Collection Expenses. Any amounts due to DiamoDent that are not paid on the due date therefore shall bear finance charges, from the date due until paid in full, at a rate equal to the lower of one and one-half percent per month or the highest legal rate, compounded monthly. If DiamoDent deems it necessary or appropriate to refer an account to an agent or attorney for collection, all costs and expenses of collection (including, without limitation, reasonable attorney fees) will be charged to Buyer’s account and will accrue interest at the rate stated above. DiamoDent may setoff against any sum otherwise due from DiamoDent to Buyer or its affiliates any sums or amounts then due from Buyer and its affiliates to DiamoDent and its affiliates.
Governing Law. These Terms and Conditions, and any disputes which may arise out of deliveries from DiamoDent to Buyer or any other transactions or agreements to which these Terms and Conditions apply, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law provision that would cause the application of the laws of any other jurisdiction. To the extent and in the event the United Nations Convention on Contracts for The International Sale of Goods could be applicable by operation of the laws of California, the Parties hereby opt out of the application of the Convention and any applicable international discovery and service of process conventions shall not be applicable. Buyer consents to the jurisdiction of any court located in the State of California with respect to any legal action or proceeding seeking to enforce any provision of, or based on any right arising out of, these Terms and Conditions and waives any objection to venue laid therein.
Amendment. These Terms and Conditions may be amended or modified by DiamoDent in whole or in part at any time by delivering notice of such modified Terms and Conditions to Buyer.
Miscellaneous. The rights and remedies of DiamoDent herein are cumulative and in addition to all other rights and remedies available at law or in equity. Any failure to enforce any provision of these Terms and Conditions may not be construed as a waiver of such provision or any other provision nor of the right to enforce such provisions. The invalidity, in whole or in part, of any provision hereof shall not affect the remainder of the provisions. Any waiver or renunciation of a claim or right arising out of breach must be in writing and signed by the injured party. The headings to the paragraphs of these Terms and Conditions are for convenience only, and may not be used in the interpretation hereof.
What information do we collect?
We collect information from you when you register on our site or place an order. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, email address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience
(Your information helps us to better respond to your individual needs)
To improve our website
(We continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service
(Your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions
--Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product requested.
To send periodic emails
--The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order.
We offer the use of secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the phone.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.