TERMS AND WARRANTY INFORMATION
By submitting this order form ("Agreement") to Beverly Hills Dental Lab. Inc. ("BHDL") you agree to the terms an
conditions herein applicable to the sale and delivery of the specially manufactured goods described herein
(collectively, the "Product"). The following terms and conditions, may not be added to, modified, superseded,
waived, or altered except by a written document signed by you and by an authorized officer of BHDL. Any
terms contained or referenced on any service order or document you submit to BHDL at any time, whether
contradictory to the terms appearing in this Agreement or otherwise, are rejected by BHDL.
1. Accounts that fall past 30 days will be subject to a 2% interest charge per month applied to the unpaid
balance. You shall be responsible for all costs of collection, including, without limitation, attorneys' fees and
costs. In the event that any service order you submit is cancelled for any reason before shipment, you shall pay
BHDL's cost incurred in connection with the cancelled service order, and you shall reimburse BHDL for any los:
2. You have the right to inspect the product prior to acceptance. However, your failure to reasonably notify
and return the Product to BHDL within ten days after receipt shall constitute acceptance. Other forms of
acceptance include, but are not limited to, installing the Product in a patient's mouth or requesting a change o
shade, preparation, bite or design modification of any sort to the Product.
3. If you reject a Product due to a defect in workmanship or materials and such defect is (al your fault (or the
result of damage occurring during delivery), BHDL may provide a replacement Product within a reasonable tim
and you shall pay all related costs., including, but not limited to, the costs of the replacement Product and
shipment, (b) BHDL's fault, you must give BHDL the opportunity to provide a replacement Product within a
reasonable time at BHDl's cost, and (c) both your fault and BHDL's fault or fault is difficult to determine, you
must give BHDL the
opportunity to provide a replacement Product within a reasonable time and the direct costs of remaking or
replacing the Product and all related shipment expenses shall be shared and BHDL shall determine your portiol
of the cost. You shall deliver all allegedly defective Products to BHDL pursuant to stated terms and BHDL shall
determine whether a Product is defective at its sole and absolute discretion.
4. You acknowledge and agree that it is customary in the aesthetic dental industry for the Product to be
adjusted and/or modified by a dental laboratory on more than one occasion. You further acknowledge and
agree to give BHDL a reasonable time and opportunity to make changes to the Product to meet the
specifications described in your initial order. Should BHDL fail to provide a satisfactory Product within a
reasonable time, your sole and exclusive remedy is limited to (al the return of the Product and refund of the
amount paid on the product by BHDL, or (b) BHDL's replacement of the Product.
5. Disclaimer and limitation of liability: Except for the terms in this agreement and except as otherwise provide
for in writing by BHDL with respect to a specific BHDL product. All products are provided "as-is" and BHDL
makes no other representations or warranties with respect to the products. BHDL expressly disclaims all
warranties, expressed or implied, including, but not limited to, warranties of merchant ability for a particular
purpose. Notwithstanding anything else in this agreement, or otherwise, BHDL shall not be liable under any
contract, negligence, strict liability or other legal or equitable theory for (a) any amounts in excess of the
original contract price for the product, or (b) any incidents, consequential or punitive damages, lost profits, or
any lost revenue or costs you and your patients may incur in connection with the product, including, without
limitation, your costs or your patient's costs in connection with your services to install, repair or replace the
6. You shall indemnify, defend and hold BHDL and its officers, directors, employees and shareholders harmle
from and against any and all claims, liabilities, damages, debts, settlements, costs, attorney's fees and costs o
any kind or nature relating to or arising from your negligence or intentional misconduct. BHDL shall not be
responsible for any lost Products or damage to Products incurred during the shipment.
7. If any provision of this Agreement is held invalid, unenforceable or void by a court of competent
jurisdiction, such circumstances shall not affect the validity of any of the provisions of this Agreement, but this
Agreement shall be reformed and continued as if such invalid, inoperative or unenforceable provision had
never been contained herein and such provision reformed so that it would be valid, operative and enforceable
to the maximum extent permitted
8. In addition to any excuse provided by applicable law, BHDL shall be excused from its obligations to
perform hereunder in the event of circumstances beyond its reasonable control, whether or not foreseeable,
including, but not limited to, labor disturbance, war, terrorism, fire, accident, inability to obtain materials,
government act or regulation, and any other causes or events beyond BHDL's reasonable control, whether or
not similar to those enumerated above.
9. A doctor is still bound by the Terms and Conditions of this order form ("Agreement") whether the doctor ust
BHDL's RX form, the doctor's own RX form, or any other type of order form.