Terms & Conditions

March 2023

I. General
1. Orders between us, Stern Dental Technology (Pty) Ltd., and our clients for dental services are carried out according to these General Terms and Conditions. Once agreed, they apply to the entire business relationship. This also applies if the payments are not to be made by the client but by third parties and this is agreed. Deviating general terms and conditions are hereby contradicted.

II. Prices
1. The prices relevant for the delivery result from the list of costs valid on the day of delivery.
2. Cost estimates must be in writing to be effective. They refer to the statement of costs applicable on the day of their issue. Since they cannot take into account the exact final amount of the prices, they are fluctuating with a tolerance of 10% of the net value. The client hereby agrees.
3. The client is aware that changes in the materials to be charged separately (e.g. ready-made teeth) or materials that are subject to price fluctuations (e.g. alloys) can lead to a deviation in the costs from the foreseen costs. The laboratory has no influence here. The client hereby agrees.

III. Delivery time & shipping
1. Delivery times are approximate and non-binding.
2. The services are delivered at the expense and risk of the client.

IV. Liability for Material Defects
1. The customer must check the work for correctness and completeness immediately upon receipt.
2. Complaints will be presented in writing to the dental laboratory immediately, but at least within 7 days after completion. In the event of an inaccurate fit, the first models and new models or impressions must also be attached or submitted immediately.
3. In the event of justified complaints, the client has the right to subsequent delivery or rectification. The right to choose between these rests with the dental laboratory. If the selected type of supplementary performance fails within a reasonable period of time - whereby three attempts at supplementary performance are agreed as reasonable - the client can choose to withdraw from the contract or reduce the remuneration.

V. Claims for damages
1. In the event of a slightly negligent breach of duty, the liability of the dental laboratory is limited to the typical, foreseeable, direct average damage. This also applies to slightly negligent breaches of duty by the legal representatives of the dental laboratory or its vicarious agents. Liability for only slightly negligent violation of insignificant contractual obligations is excluded.
2. These limitations of liability do not affect the customer's claims arising from product liability or bodily injury and health injuries attributable to us.

VI. liability of the client
1. The dental laboratory has no influence on the quality of the models, impressions and documents provided by the customer. The client is liable for errors in these. The dental laboratory is not obliged to carry out an examination. However, if working documents appear to be defective, they can be rejected by the dental laboratory with a corresponding note.
2. The client is liable for the materials (e.g. precious metal, teeth, etc.) and accessories (finished parts, attachments, joints, etc.) made available by him. Failures due to defective materials or accessories provided by the client are not at the expense of the dental laboratory. The dental laboratory is liable for the storage of the parts delivered by the customer with due care for its own affairs.

II. Terms of payment, offsetting, retention
1. Invoices are to be paid immediately.
2. The customer may withhold due payments if the counterclaim on which he bases his right to refuse performance stems from the same subject matter of the contract and counterclaims that are undisputed, legally established or ready for a decision.

VIII. Retention of Title
The delivered goods remain the property of the dental laboratory until all claims from the business relationship with the customer have been paid in full. The customer stores the goods with commercial diligence for the dental laboratory. The client receives permission to process the goods in the regular course of business.

IX. Place of performance, place of jurisdiction
Place of performance for delivery and payment is Providence, Mahé Seychelles. If the client is a merchant, the place of jurisdiction is also Providence, Mahé Seychelles. Otherwise, the general place of jurisdiction applies.

X. Severability Clause
Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or inapplicable, or should there be a gap in the General Terms and Conditions, this shall not affect the validity of the remaining provisions. An appropriate provision should replace the invalid or inapplicable provisions or fill in the gap.