Terms and Conditions of Trade
Conditions shall apply to all trading between MediMatch Dental Laboratory Ltd (‘MediMatch’), whose registered office is at Unit 8 Victoria Industrial Estate, Victoria Road, North Acton, London, W3 6UU, United Kingdom, and the dentist or laboratory or any other customer (‘client’) with regards to custom made dental appliances (‘dental appliance’, ‘work’, ‘product’) from MediMatch. The dental patient is not considered a party to the agreement between client and MediMatch. Please note that other specifically designed terms and conditions are applicable to MediMatch Supplies and its subsidiaries products and other non-custom-made products, which may be offered in the MediMatch web shop.
Guarantee
All dental products created at MediMatch carry a full guarantee. This guarantee is your assurance that quality materials have been used during the manufacturing process and that our carefully designed production process has been followed. Please see below our guarantee scheme:
Product | Guarantee | Guarantee period |
---|---|---|
Crowns and Bridges | Yes | 1 year |
Veneers | Yes | 6 months |
Removable prostatics (acrylic) | Guarantee provided at discretion of MediMatch | Variable < 2 months |
Aligners | Fit of first aligner only guarantee provided at discretion of MediMatch | Day of fit |
If within the guarantee period the product proves defective in circumstances of normal use, a replacement will be provided free of charge by MediMatch. This guarantee will only be applied post evaluation of the defective device on the original model, and within the terms that the device has been fitted within two weeks of the invoice date. The guarantee does not cover any defect arising from incorrect prescription or fitting. The guarantee becomes null and void if patient does not receive their annual dental check-up or in case of restoration failure due to oral health problems. No guarantee can be given on products replacing immediate extractions. Damage caused by physical trauma or impact (for instance due to high-risk sports) is specifically excluded from our product guarantees. We reserve the right to refuse a guarantee where we believe that the requested product may not last the guarantee period due to its particular circumstances. If instructed to continue with these cases, we will do so. However, in the event that the requested work fails, we will expect to be paid in full for the work supplied.
Product Liability – general
Appliances are constructed to the specification supplied by client. By fitting an appliance in the patient’s mouth, client accepts that MediMatch has produced the appliance to the specification and satisfaction of client. MediMatch cannot guarantee any dental appliance, which is based on a faulty model. If, when casting the models, MediMatch feels that the quality of the impression is not good enough to continue the work, MediMatch will inform client to discuss possible solutions. A new impression may be needed and – if so – remakes as a result of carrying on with the work by client, using the faulty impression, will result in new charges being applied. MediMatch endeavors to interpret and follow client’s instructions correctly. If, however, a mistake is made, MediMatch will rectify the situation free of charge as quickly as production processes allow. MediMatch will not compensate dentist’s fees, consequential losses or expenses of any kind. Client is responsible for any additional costs or charges incurred through changing instructions or delivery dates after the work has been accepted by MediMatch.
MediMatch is not liable for any choking hazard caused by any manufactured dental appliance, due to faulty prescription, poor fitting or misuse.
Product Liability – specific returns and remake policy
Client may return the work for a remake when the work does not meet the standard MediMatch has guaranteed to deliver. If this occurs, the work should be returned within 15 working days after the invoicing date. Client allows MediMatch 15 working days after receipt of the returned dental appliance, to remake the work. If – after remake – the quality of the work still does not meet the guaranteed standard, the work may be returned within 15 working days after the invoicing date for a refund which will be processed upon receipt of the returned work.
Any work returned for remake where the shade is different to the original order, will incur (some) cost. This extra cost will never exceed the total amount charged for the original order. When returning work containing precious or semi-precious alloys, MediMatch will charge for 40 % of the original alloy cost incurred. (Please note that this is excluding the cost incurred due to loss of product during the manufacturing process.)
A dental appliance that fits the master model poured from the original impression supplied by client and which is created to the specifications on the prescription of client, but subsequently has to be remade, is not considered a remake.
Staged cases
When the end product of a case is built up using production / products in steps or stages, the fit is assessed immediately after each production stage. Consequently, it is the client’s responsibility to assess the fit of the separate products after each separate production stage, and not only at the time the end product is finished. Any remake requests done after acceptance of a product at any stage, cannot be considered a remake and will be charged for in full. Each production stage / product will be billed separately. Each separate invoice should be paid in full for each stage, in accordance with our conditions for financial settlement as described above. MediMatch cannot guarantee the outcome of an immediate product where steps have been skipped, thus the liability of such product is limited. All metal frame dentures and flexi dentures must have a secondary impression taken in a special tray which has been produced for the specific patient by MediMatch.
Alloy
Client will be charged for any loss of precious or semi-precious alloy during the production process, with a maximum of 25%. (Please note this is excluding the possible extra cost incurred in case of a remake). Gold will be charged at its gross weight. Alloy is charged at the rate on the day of casting. MediMatch cannot give an estimation of the expected cost as this cannot be guaranteed.
Transport
MediMatch offers three types or transport for pick up and / or delivery of products, according to the following scheme:
Delivery Method | Pick up or delivery method | Special arrangement | Charged | Charging Rate | Responsibility for damage or loss |
---|---|---|---|---|---|
Royal Mail | 48 Tracked | At the discretion of MediMatch | No | – | Royal Mail and / or client |
Royal Mail | 24 Tracked | At the discretion of MediMatch or: when next day delivery is required; when product(s) are invoiced at £250.- or over; when product(s) contain(s) gold when products have less then the full 10 working days in the lab to allow for production | Yes | £8.00 – (price may vary depending on Royal Mail prices) | Royal Mail and / or client |
MediMatch courier (please note these couriers are self employed) | Pick up or Delivery at Dental Practice | At the discretion of MediMatch(and only within the M25 region) Approx. £1.50/Mile | No | – | Royal Mail and / or client |
Courier Company | Pick up or Delivery at Dental Practice | At the discretion of MediMatch, in consultation with client. Approx. £1.50/Mile | Yes | Subject to pricelist of courier company | Courier company and / or client |
Client may indicate the type of delivery and MediMatch will endeavor to accommodate the delivery method of choice.
If MediMatch is responsible for the loss or damage of a product, this responsibility will not exceed to more than the actual value of the product.
In case of loss or damage by Royal Mail, client will allow for 15 working days after the product was sent out for delivery, before the work is being remade. Another 15 working days should be allowed to remake the work.
MediMatch endeavors to deliver work on or before the delivery date specified by client. If, however, for any reason this has not been possible, MediMatch will not compensate dentist’s fees, consequential losses, or expenses of any kind.
Any work sent to MediMatch in error will incur a £10.00 return delivery charge and a £5.00 disposal charge per case.
Bad Impression
MediMatch has the right to charge a minimum charge of £10.00 cost for each received impression of inferior quality even if no product is produced. If the client indicates to want production to go ahead after a (verbal) notification of a poor-quality impression the full price of the product is always due even if the product did not fit the patient. Any remakes for such case will be charged in full and no guarantee can be given on this product. MediMatch has the right to charge £25 for all impressions that have not been disinfected in surgery and/or blood is present on the impression.
Lab Forms
MediMatch may apply a £10 fee for all damaged/incomplete/missing lab forms.
Financial Settlement
Statements are sent out to client on a monthly basis and are available online. The Dental Practice, where the dentist issuing the prescription is hired, is held responsible for payment. However, MediMatch may hold the dentist, issuing the prescription, responsible for full payment at its discretion.
All accounts must be settled within 15 days from date of statement. All work done or items supplied remain the property of MediMatch until payment is received. MediMatch may charge interest on any account that becomes 60 days overdue at a rate of 2,5% per month, which will be applied to the total amount outstanding, including any previous interest charged. Any legal fees or other costs required to collect an unpaid balance may be charged to client. Accounts with balances unpaid for over 60 days will be processed only on a pay first basis. MediMatch reserves the right to charge a £20 late fee and take legal steps – with prior notice – if client fails to settle his account within one month. Any work in progress will be halted if the account of any of the prescribers in a practice remains unpaid for over 30 days. The cost to halt an account is £10 per case. Any cost or loss of income to client due to an account being halted cannot in anyway be forwarded to MediMatch nor can it be deducted from any outstanding.
Cancellation
The client acknowledges that MediMatch will incur costs and expenses in order to perform any order placed with it and that once an order has been accepted by MediMatch it may not be cancelled without the express prior written consent of MediMatch which consent MediMatch may in its absolute discretion withhold.
Set-off
All payments due to MediMatch under these Terms and Conditions shall be made in pounds sterling and without right of set-off or counterclaim and free and clear of any deduction or withholding whatsoever unless the same may be required by law.
Time
Time for the making of payments to MediMatch under these Terms and Conditions shall be of the essence.
Exclusion of warranties
Save as expressly set out in these Terms and Conditions, no warranty, condition, or representation, express or implied, (including but not limited to any implied warranties of merchantability or fitness for a particular purpose or any representation as to performance quality or absence of hidden defects) has been or is given by MediMatch, its servants or agents (with respect to or in respect of any dental products created by MediMatch). All conditions and warranties which would otherwise be implied by statute, or under common law are hereby excluded to the fullest extent permitted by law. Although MediMatch will use all reasonable efforts to meet delivery dates, any and all delivery dates are estimates only. MediMatch shall not be liable to the Client for any loss or damage, whether direct, indirect or consequential arising out of any delay in delivering any dental products ordered from MediMatch which is accepted.
Liability
MediMatch shall under no circumstances be liable for:
a. Loss of profit, loss or business, loss of revenue, loss of contracts or loss of anticipated savings; or
b. For any special indirect or consequential damage of any nature whatsoever, howsoever arising, from breach or non-performance of any of its obligations under any agreement to supply dental products pursuant to these terms and conditions.
Nothing in these terms and conditions shall restrict Medimatch’s liability to the extent such restriction is not permitted by law.
IP
All intellectual property rights in any dental products supplied by MediMatch (including but not limited to rights under patents, rights under any trademark, copyright or design right) whether or not created in connection with the Client’s order for the dental products shall remain MediMatch’s exclusive property.
Not a consumer
The client represents warrants and undertakes that it is not a consumer and that any contract it enters into with MediMatch is on its own behalf in the conduct of its business and that it is not acting as agent for any third party.
Law
The construction validity and performance of the contract into which these terms and conditions are incorporated shall be governed by and construed in accordance with English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts.
Dental Appliance Information & Delivery Note
MediMatch may have produced the product in either or both UK and China.
Instructions for Use, Storing & Handling:
It is highly recommended that the product is stored in a clean and safe environment if not used immediately.
It is also advised that there must be no contact with materials, liquids or acids that could cause disfiguration or damage to the product. The product should not be subjected to extreme heat. Where applicable, you should take care not to damage the dental piece(s) when removing from its model.
All dental appliances are supplied in an unsterilized state.
All products are inspected by a GDC registered technician on duty prior to the production process and after completion of the product, in addition any form of subcontracted work has been approved by a GDC registered technician on duty. Full logs of technicians on duty are being kept by MediMatch.