Limited Dental Warranty
Signature Mouthguards Pty Limited (Signature) warrants to the original purchaser (Purchaser) of this mouthguard (Mouthguard) that the Mouthguard shall be free from defects in material and workmanship that could result in damage, loss or injury to sound natural teeth of the Purchaser when properly used in supervised athletic contests or coach supervised training sessions and when all of the conditions hereinafter mentioned matters are satisfied. This limited warranty (Warranty) shall extend for a period of one (1) year from the date of Purchasers original purchase, and is not transferable and/or assignable to any other party. Signature’s liability as a direct result of the Mouthguard’s defects in material and workmanship is limited to the lesser of (a) actual dental expenses incurred by the Purchaser after deduction of all insurance or injury amounts/benefits paid or payable or (b) the amounts as per the following table, per listed model.
|Mouthguard Model||Amount per injured or replaced tooth||Maximum liability per accident|
|TYPE 3 PPG, Dentist 2 GO, VIPA and TYPE 4||A$536||A$15,000|
|DENTIST PRESCRIBED (HAND MADE)||A$536||A$15,000|
Signature limits this Warranty to apply only for loss, accident and/or damage incurred during a supervised contest or supervised training session for which the Purchaser was covered by a separate medical insurance policy covering the claimed damage; the Mouthguard was fitted by the Purchaser in accordance with the printed instructions accompanying this Warranty; and after proof that ALL other insurance(s) or injury benefits have been fully claimed and paid or payable for the loss, accident and/or damage. To apply for this Warranty Signature must receive from the Purchaser a complete written notice within thirty (30) days after the occurrence of the injury, loss, accident and/or damage addressed to Signature Mouthguards Pty Limited – Attention: Warranty Department, Unit 22, 29 Leighton Place, Hornsby, New South Wales 2077 (the Notice), that includes;
- A written statement from a licensed dentist providing necessary dental treatment within fourteen (14) days after the date of injury, loss, accident and/or damage; and
- A written statement from (i) game official, if the injury, loss, accident and/or damage occurred during a supervised contest or (ii) coach if the injury, loss, accident and/or damage occurred during a supervised training session, as the case may be, that the Mouthguard was being properly used at the time the injury, loss, accident and/or damage occurred; and
- The Mouthguard is returned to Signature with the Notice (at which time it shall become the sole and exclusive property of Signature); and
- Purchaser supplies proof of purchase to Signature with the Notice.
In no event shall this Warranty provide or be deemed to provide any payment or indemnity for tooth or root canal treatment or preparation as an anchor for a bridge or implant, or for orthodontic treatments including fixed and removable devices. Except as otherwise expressly set forth in this Warranty, Signature shall not be liable for any damages, losses whether direct or indirect, and whether arising out of a breach of warranty, breach of contract or tort. All other warranties, express or implied, including any warranty of merchantability or fitness, otherwise imposed on the sale of this mouthguard under state law are hereby expressly disclaimed. The laws in some States and the Commonwealth may not allow the exclusion or limitation of warranties or specific rights of the Purchaser. This Warranty gives the Purchaser specific legal rights, and may also have other legal rights which vary from state to state. This Warranty only applies to Mouthguards sold to the Purchaser.
Australian Competition and Consumer Commission Warranty Against Defects
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.