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Akervall Technologies Inc. (“ATI”) warrants that there are no defects in the materials or workmanship of the SISU® Mouth Guard that cause damage or injury to the sound, natural teeth that are actually covered by SISU Mouth Guard, when properly used in a supervised athletic contest or coach-supervised training session, in strict compliance with all instructions provided by ATI. This warranty shall extend for a period of one (1) year from the date of purchase.
ATI’s obligations in the event of a breach of this warranty shall be limited to the lesser of: (1) the actual dental expense incurred by the user; or (2) $1,094 per injured or replaced tooth, up to a maximum liability of $35,000 per incident. For clarification, this warranty only covers injured or replaced teeth that were actually covered by the SISU Mouth Guard at the time of the applicable incident, and does not cover teeth with previous conditions, defects, dental work, injuries, or any issues that may weaken the teeth. ATI’s obligations here under shall be reduced by the amount of any insurance that the user receives or may claim for the damage or injury. This warranty does not provide payment or indemnity for orthodontic treatments or preparation of a tooth to be used as an anchor for a bridge. The foregoing shall be ATI’s sole and exclusive remedy associated with a breach of this warranty.
ATI shall have no responsibility or liability here under unless: (1) the mouth guard was unaltered and fitted by claimant in strict accordance with the printed instructions accompanying this warranty. Proper fitting is essential. Perforations should not be stretched or enlarged. (2) a complete written notice of the injury or damage is received by ATI within thirty (30) days after the occurrence of the injury or damage, (3) the notice of injury is substantiated by a statement of a licensed dentist providing necessary dental treatment within thirty (30) days after the date of injury or damage, including a certification that the affected tooth or teeth would have been covered by the SISU Mouth Guard if properly used, and a statement of a participating game official, if a supervised contest, or a supervising coach or school superintendent, if a training session, that the mouth guard unit was in proper use at the time of injury, and (4) the mouth guard unit is returned to ATI with the written notice of injury. This warranty will not apply if the mouth guard is stretched, trimmed or otherwise altered or misused, or used outside of a supervised athletic contest or coach-supervised training session.
This warranty is the exclusive warranty given by ATI and is made in lieu of all other warranties, express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose and any implied warranty arising out of a course of a dealing, custom, usage or trade. Except as is otherwise expressly provided herein, ATI disclaims all liability for loss, injury or damage based upon negligent design or defects in materials and workmanship for the within mouth guard. ATI shall not be liable for any special, indirect, incidental, exemplary, punitive or consequential damages.
Keep this dental warranty, disclaimer, and receipt of purchase in your records. In case of injury, mail mouthguard, receipt, accompanying statements and documents to:Claims at Akervall Technologies Inc. 1512 Woodland Dr. Saline, MI 48176