Terms and Policies
As an Argen customer, you agree to adhere to the terms, policies and warranties listed below.
Argen Custom Abutment Warranty
Argen mills custom abutments pursuant to each Argen customer’s (“Laboratory”) specifications. Argen relies on Laboratory to provide the specification to the patient’s particular needs. Laboratory is solely responsible for the design of the abutment, the corresponding written specifications (“Specifications”) and any related digital file content delivered to Argen (such file content as delivered to Argen are, collectively, the “Laboratory Data”).
For a period of up to thirty (30) days from the date that a: (i) titanium, (ii) zirconia hybrid, or (iii) SLM hybrid custom abutment is delivered to Laboratory, Argen warrants that such abutment shall meet the applicable Specifications provided by Laboratory to Argen (“Warranty”). Subject to the requirements below, Argen will repair or replace any abutment which does not meet the foregoing Warranty, free of charge, with delivery of the repaired abutment or replacement abutment to the address originally shipped. Argen, at its sole discretion, may alternatively elect to extend credit to the Laboratory for the defective abutment. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY HEREIN, ARGEN IS NOT RESPONSIBLE FOR, AND THIS WARRANTY DOES NOT APPLY TO, ANY ERRORS IN ANY OF THE LABORATORY DATA OR ANY ERRORS IN LABORATORY’S DESIGNS OR THE SPECIFICATIONS PROVIDED TO ARGEN.
For each abutment type, the decision of whether to repair, replace, or extend credit for the abutment will be made at Argen’s sole discretion.
This Warranty excludes abutments with angulations greater than 20 degrees and abutments with a post height of under 4mm.
To qualify for any repair, replacement, or extension of credit under this Warranty with respect to an abutment delivered by Argen to Laboratory, Laboratory must notify Argen within thirty (30) days of such delivery that the abutment does not meet its Specifications. Argen will send a return merchandise authorization form (“RMA”), a repair/replacement claim form, and return shipping form directly to Dentist/Surgeon/Clinician. The affected abutment and related parts, including the screw, must be shipped by Dentist/Surgeon/Clinician prepaid to Argen, complete with appropriate paperwork to identify the original order date and qualifying reason for return. The affected abutment, related parts, and all necessary paperwork must be received by Argen within thirty (30) days of Argen providing the RMA, claim form, and return shipping form to Dentist/Surgeon/Clinician to qualify for repair, replacement, or extension of credit under this Warranty. Upon receipt of the affected abutment, related parts, and all necessary paperwork, Argen shall have up to ten (10) business days to review the submittal.
In the instance that an implant used with an abutment supplied by Argen fails and the corresponding implant supplier does not honor its warranty due to the use of an Argen abutment and the abutment was the direct cause of the Implant failure, Argen will replace the implant with a similar replacement part (subject to availability and Argen discretion, the replacement part may be the same or a different brand as the original implant).
To qualify for replacement of a non-supplier warrantied implant, the implant and related parts must have otherwise been used as directed in the corresponding third party implant supplier’s instructions. Implant must 1) be shipped to Argen along with 2) the appropriate paperwork providing proof of the original implant supplier warranty was denied due to the use of an Argen abutment. Upon receipt of 1) and 2) above, if the abutment is confirmed to be the cause of the implant failure, Argen shall have up to ten (10) business days to ship the replacement implant. Replacement for the non-supplier warrantied implant will be provided directly to the Dentist/Surgeon/Clinician.
The replacement implant sent directly to the Dentist/Surgeon/Clinician as detailed above is the sole remedy of the Laboratory or Dentist/Surgeon/ Clinician and under no circumstances shall Argen be responsible for any other costs, damages, or harm associated in any manner with any abutment. If the implant fails prior to Argen’s abutment being placed on the implant, under no circumstances will Argen be responsible for replacing the implant. Departure from Argen’s abutment protocols, guidelines, and instructions or implant suppliers’ instructions nullifies any Argen warranty. Laboratory is responsible for forwarding all Argen protocols, guidelines, and instructions to Dentist/Surgeon/Clinician.
Laboratory must be current on all accounts in order to invoke warranty.
This Warranty shall not cover any failure to either abutment or implant caused by: (a) trauma, accident, or other damage caused by the patient or a third party; (b) placement of the abutment in a patient with contraindicated conditions that would interfere with successful implant integration, including, but not limited to, disease related to alcoholism, uncontrolled diabetes, and habitual drug dependency; (c) normal wear and tear, (d) incompatible platform use and or improperly sized platform, (e) Laboratory or Dentist/Surgeon/Clinician failure to follow Argen or supplier specifications, instructions, protocols, and guidelines; (f) post manufacturing damage caused by any Laboratory or Dentist/Surgeon/Clinician or other third party manipulation; or (g) errors in any Laboratory Data or any errors in Laboratory’s designs or the Specifications provided to Argen. If such disclaimer is not permitted by law, the duration of any implied Warranty is limited to ninety (90) days from the date of delivery. This Warranty is governed by the laws of the State of California. Any dispute arising out of or relating to this Warranty shall be submitted to binding arbitration in San Diego, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or the JAMS rules then in effect. By agreeing to arbitrate, you waive your right to a jury trial. Notwithstanding any of the foregoing or any other provision of this Warranty, class arbitration is not permitted under any circumstance, meaning Argen and Laboratory may bring claims against the other only in their individual capacities. This Warranty contains the entire understanding between Argen and the Laboratory and/or Dentist/Surgeon/Clinician and supersedes any prior understandings and agreements respecting the subject matter of this Warranty. If any provision, or part thereof, of this Warranty is held invalid, the remainder of this Warranty shall not be affected thereby.
If an abutment is damaged in transit by shipper neglect, please contact Argen at (800) 255-5524 immediately upon receipt.
This Warranty is posted on the Argen corporate website (www.argen.com). Argen reserves the right to update, modify, amend or otherwise change (each a “Warranty Change”) the Warranty at any time. Any such Warranty Change shall be deemed effective once posted on the Argen corporate website. LABORATORY IS NOTIFIED TO REVIEW THE ARGEN CORPORATE WEBSITE ON A REGULAR BASIS FOR THE THEN EFFECTIVE AND CONTROLLING WARRANTY.
OTHER THAN THE WARRANTY PROVIDED FOR HEREIN, ARGEN MAKES NO OTHER WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHERE SPECIFICALLY PROHIBITED BY LAW, ARGEN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE USE OF AN ABUTMENT, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, REGARDLESS OF THE THEORY ASSERTED. TO THE EXTENT PERMITTED BY FEDERAL AND APPLICABLE STATE LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. ARGEN DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY FEDERAL AND APPLICABLE STATE LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED ARGEN LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND, AT ARGEN’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN.