Subject to Section 14-Disclaimer of Warranties; Limitation of Liability in our Terms of Service, we offer a specific limited Product warranty (the “Limited Warranty”) on mouthguard products only (the “Warranty Products”). This Limited Warranty sets forth the exclusive remedy for any recovery and extends only to an original purchaser who is also the exclusive user of a Warranty Product (“Purchaser”), subject to the specific terms set forth below.
This Limited Warranty shall extend for a period of one (1) year from the date the Warranty Products were purchased, and NOT from the date the Warranty Products were received or used.
The amount available pursuant to any claim under this Limited Warranty, and our maximum total liability, is customized to each individual Warranty Product as set forth below in subsection 4 of this Section 16.
By their nature, sports and related activities are dangerous. In purchasing the Warranty Products, the Purchaser assumes all risks entailed in their sports activities and acknowledges that we cannot guarantee and are not providing any guarantee or warranty that the Purchaser will be protected from injury. The Warranty Products are being sold to the Purchaser based on this understanding. By purchasing a Warranty Product, you are stating that you are in explicit agreement with this understanding in terms of the personal risks of injury that you personally assume.
Always check your Warranty Products for proper fit, wear, or damage before using. Do not use the Warranty Products if problems are detected.
Purchaser modifications to the Warranty Products, other than the original modeling process, may adversely affect its performance and or comfort. Accordingly, this limited warranty will not apply, and is void, if the Warranty Products are stretched, trimmed, or otherwise altered or misued, or used outside of a supervised contest or coach-supervised training session. in addition,We are not responsible for damage arising from normal wear and tear; failure to follow instructions relating to use; loss or theft; disassembly or alterations; accident, abuse, misuse, or other external causes; or exposure to liquids, extreme thermal conditions, or other environmental conditions.
CAUTION: ANY ATTEMPT BY A CLAIMANT TO FILE A FALSE CLAIM UNDER THIS LIMITED WARRANTY OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE LIMITED WARRANTY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES, LEGAL FEES, AND COSTS FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Damage Control hereby warrants that the Warranty Products purchased hereunder to be free from defects in material and workmanship which could cause damage or injury to the sound, natural tooth or teeth of the Purchaser when used properly in a supervised athletic contest or coach-supervised training session.
This Limited Warranty applies to each specific “incident”. We define an “incident” as follows: Dental or tooth injuries that occur during the same athletic contest or coach-supervised training session, regardless of the number of rounds, practices, breaks, contests, and/or fights that occur during such athletic contest or training session and regardless of whether the damages or injuries are separated in time or occurrence or are the result of one or more rounds, contests, and/or fights involving one or more partner(s) or opponent(s) and/or the same or different partner(s) or opponent(s).
A breach of this Limited Warranty only covers injured or replaced teeth that were actually covered by this Limited Warranty at the time of the applicable incident(the “Covered Teeth”), and does not cover teeth with previous conditions, defects, dental work, injuries, or any issues that may weaken the teeth. This Limited Warranty does not provide payment or indemnity for orthodontic treatments or preparation of a tooth to be used as an anchor for a bridge.
This Limited Warranty shall cover the following specific amounts, by specific Warranty Product, as identified below:
$781.25 (US) per injured or replaced tooth, up to a maximum total liability of $25,000 per “incident” for the following Products: Custom Fit.
$468.75 (US) per injured or replaced tooth, up to a maximum total liability of $15,000 per “incident” for the following Products: Extreme Impact.
$312.50 (US) per injured or replaced tooth, up to a maximum total liability of $10,000 per “incident” for the following Products: Lip Protector; Grip Guard; High Impact.
Notwithstanding the foregoing, our obligations under this Limited Warranty shall be reduced by the amount of any insurance or litigation recovery payments that the Purchaser receives or may claim for the Covered Teeth. We may require the Purchaser making the Limited Warranty claim to assign any insurance policies, claims, payments, or proceeds to Damage Control as a condition of payment under this Limited Warranty. We may also require the Purchaser making the warranty claim to grant us the right of subrogation to any insurance policies, claims, payments, or proceeds as a condition of payment under this Limited Warranty
To be eligible for a claim pursuant to this Limited Warranty, the following procedures must be followed by the Purchaser within twenty (20) days after the occurrence of the injury or damage (the “Notice Period”).
We must receive a complete written notice of the injury or damage (the “Notice”). The Notice must include:
Shipment to us of the applicable Warranty Product, which upon return receipt shall become the exclusive property of Damage Control.
The original proof of Purchase.
A statement by Purchaser that the applicable Warranty Product was unaltered and fitted by the Purchaser in strict accordance with the printed instructions accompanying their purchase of the Warranty Product.
A statement from a licensed dentist providing dental treatment to the Covered Teeth that in their professional opinion the injury or damage to the Covered Teeth occurred while Purchaser was wearing a Warranty Product.
A copy of a radiograph (x-ray) of the Covered Teeth, which must include an image of the surrounding teeth.
If requested by us, a statement by a participating game official if the injury or damage occurred during a supervised contest, or by a supervising coach or school superintendent, if at a practice session, that the Warranty Product was in proper use at the time of the injury or damage.
An itemized list of the actual dental costs incurred by Purchaser.
A true copy of all the submitted dental and medical insurance claim forms that relate to the Covered Teeth and the dental work that was performed.
A true copy of the explanation of any benefits from the dental and/or medical insurance carrier(s).
Before the end of the Notice Period, all required documentation, as set forth above, must be received by us at the following address:
Damage Control AthletiX, LLC Attn: Damage Control Mouthguards 2424 Washington St.
Albuquerque, NM 87110
The Damage Control address is subject to change without prior notice. Any change in such address shall be located in the “Contact Us” section of our website located at dcmouthguards.com. Upon the occurrence of any such change, the new address listed on our website shall be deemed the correct address for notice of any and all claims under this Limited Warranty.
This Limited Warranty shall not cover any Products obtained through a sponsorship, direct or indirect, of from any individual, team, or company other than Damage Control. The terms of this Limited Warranty are subject to change without prior notice.
We may postpone any and all payments under this Limited Warranty for up to one (1) year from the date we determine a claim to be valid and payable. We shall also have the right to make any and all payment(s) to a claimant under this Limited Warranty in monthly installments not to exceed $100.00 (US) per month.