ZIRCON LAB

Customer agrees to pay all collection costs related to enforcement of Customer’s obligations to Zircon Lab, including, but not limited to, legal representation in any bankruptcy proceeding. If an attorney is retained to collect any balance due or defend any lawsuit by Customer, Customer agrees to pay attorney fees equal to 25% of the outstanding balance and agrees that such 25% is fair and reasonable.  Invoices remaining unpaid after 30 days shall accrue interest at 18% per annum, including any sums for attorney’s fees.

This Agreement shall be construed and interpreted according to the laws of the State of Kansas.  Customer and/or guarantor hereby submits themselves to the jurisdiction of the State of Kansas and agrees that, for the purposes of any action brought by Customer and/or guarantor under this Agreement, the exclusive venue for any claims shall be brought in the District Court of Johnson County, Kansas. Zircon Lab, may, pursuant hereto, bring any action hereunder or any claim in the courts of Johnson County, Kansas, or, at its sole option, may bring any action in any other court of competent jurisdiction. Customer further agrees that any depositions resulting from any litigation shall be conducted in Johnson County, Kansas, unless Zircon Lab, agrees in writing otherwise. 

Zircon Lab, provides a lifetime warranty for all restoration failures which are the result of improper or defective work by it.  The warranty does not apply when there are any changes to the design, material, shade, or if the prep work has been modified.  This is the only warranty, express or implied, issued by Zircon Lab.  Customer waives any claims of any other express or implied warranty, including any warranty for fitness for a particular use. Zircon Lab, is not responsible for damage in shipment back to it nor is it liable under this warranty for any failures, defects or negligence by Customer. 

Customer waives any and all claims for damages or loss, including consequential damages, in an amount greater than the cost of the work done by Zircon Lab, for that patient.  Customer further waives any right to assert any counterclaim or set off beyond the amount actually paid by Customer for that patient for any alleged defective product made by Zircon Lab.  Customer expressly waives jury by trial.

Warranty Information

Limited Warranty and Limitation of Liability: Zircon Lab warrants that dental devices are made to the specification provided to Zircon Lab but are subject to your inspection and approval for the dental application you have chosen. Zircon Lab is not responsible for the determination of whether the product you specified is appropriate for any particular dental purpose as that is the dentist’s responsibility. The limited warranty extends only to the original purchase of the device and not to patients or other individuals or entities to whom the device is sold or implanted, inserted, or delivered. Upon return of a device that is claimed to have failed due to defects in materials or workmanship, upon verification of the defect, the lab will repair or remake the device without additional charge for up to life of the patient in which the device is installed as long as there are no changes to the design, material, shade, prep work is not modified, nor Zircon Lab’s instructions are not followed.