OVO IOS SCANNER - TWO YEAR LIMITED WARRANTY

This Limited Warranty provides for specific legal rights with respect to your OVO IOS Intraoral Digital Impression Scanner. Please review it carefully.

WHAT WARRANTIES APPLY TO THE OVO IOS INTRAORAL DIGITAL IMPRESSION SCANNER?

What is Covered?

This Limited Warranty covers your OVO IOS Intraoral Digital Impression Scanner. For purposes of this Limited Warranty, "OVO IOS Intraoral Digital Impression Scanner" means only the hardware comprising: (i) your OVO IOS Intraoral Digital Impression Scanner; and (ii) the peripherals included in the packaging with your OVO IOS Intraoral Digital Impression Scanner.

Express Warranty

Subject to the terms and conditions of this Limited Warranty, 3DISC warrants to the Purchaser that the OVO IOS Intraoral Digital Impression Scanner will be free from defects in materials and workmanship under normal consumer use for a period of twenty four (24) months from the delivery of the relevant Product to the Customer ("Warranty Period") provided, however, that no warranty shall be applicable to any Products after twenty seven (27) months from the delivery of the Products to the Purchaser ("Remedy Period"). This express warranty is not transferable to others than the subsequent retail purchasers of the Product.

Implied Warranty

You may also have implied warranties under the laws of some jurisdictions. To the extent permitted by applicable law, such implied warranties are limited to the duration of the Warranty Period. Some jurisdictions do not allow limitations on the duration of an implied warranty, so this limitation may not apply to you. You may not assign or otherwise transfer such implied warranties. However, some jurisdictions extend the protection of implied warranties to subsequent consumers, so this limitation may not apply to you.

WHAT IS NOT COVERED BY THE WARRANTY?

The following is not covered by the warranty:

A.  Service or replacement required as a result of any alteration of the Products, or repairs made by anyone other than 3DISC or an authorized service provider.

B.  Damage or other failure due to the failure to maintain the Product according to the owner's manual instructions including the cleaning and service requirements in the manual, faults or negligence, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, unusual atmospheric conditions, acts of war, acts of God or other force majeure events. Service or replacement necessary because of improper storage, improper ventilation, reconfiguration, or the failure to place the equipment in an area that complies with the published space or environmental requirements.

C.  Products sold as a rental.

D.  Cosmetic damage such as, but not limited to scratches, dents, rust, stains.

E.  Consumable items (normal wear and tear); consumable items are defined as any part that is considered consumable by 3DISC and/or any item that is designed to be consumed (wear out) during the life of the Product among other the following parts: Scanner tip

F.  Pre-existing conditions (incurred prior to the effective date of coverage) known by the Customer.

G.  Operational or mechanical failure covered by a recall, warranty extension, or factory bulletins.

H.  Operational or mechanical failure which is not reported prior to expiration of this Agreement.

I.  Damage as a result of violation of existing legislation.

J.  Transit or delivery damage, damage caused by packing, unpacking, assembly, installation, or removal. Short circuit, loss of use, lack of maintenance, bodily injury, adjustments, periodic checkups or maintenance.

K.  Any software and malfunctions caused by any software, including but not limited to, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data.

L.  Service encompassed by first line service to be provided by the Purchaser.

3DISC shall have no obligation to make repairs, replacements or refunds in case a defect of the Product is caused by any of the events which according to Clause 1.4 are not covered by the warranty.

WHAT OTHER LEGAL TERMS APPLY TO THIS LIMITED WARRANTY?

Disclaimer 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 3DISC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY PROVIDED FOR IN THIS LIMITED WARRANTY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS.

Modification 

No employee or representative of 3DISC or its affiliates or any third party is authorized to make any modification, extension or addition to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforceable, the remaining terms of this Limited Warranty will remain in full force and effect.

Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER 3DISC NOR ITS AFFILIATES NOR ITS LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR PURCHASE OR USE OF YOUR OVO IOS INTRAORAL DIGITAL IMPRESSION SCANNER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE OR LOST DATA, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some US states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

Software Warranty

3DISC warrants each software license and product firmware acquired by the customer during the described warranty period to perform the functions described in the then-current published documentation supplied by 3DISC. During the warranty period, 3DISC will use commercially reasonable efforts to provide a solution, on a non-priority basis, or workaround of the problem by means of remote desktop and telephone support.  This solution may include patches, corrective software releases or other means reasonably determined by 3DISC to correct a software or firmware products failure to conform to the warranty, provided that 3DISC has notified in writing of the nature of the non-conformity.

Applicable Law

This Limited Warranty is valid only in the United States of America, Canada and Mexico. Notwithstanding the place where this Agreement is executed, or where the obligations under this Agreement are performed, the parties expressly agree that this Agreement and any claim or controversy arising out of or relating to rights and obligations of the parties under it will be governed by and construed in accordance with the substantive laws of the Commonwealth of Virginia, United States of America, without regard to its conflicts of laws principles. The parties submit to the exclusive jurisdiction of the relevant courts of the Commonwealth of Virginia. The laws of your state of residence may apply to any tort claims and any claims under any consumer protection statutes, as provided under applicable law.

WORKSTATION AND SUPPORT SERVICES PROVIDED VIA AFFILIATE: BCM TECHNOLOGIES

Support Services for Workstation

A.  The 3Disc provided Lenovo workstation models include a P15, P330 SFF or 3Disc supplied Lenovo pilot models

B.  Lenovo workstation onsite warranty support is included for the Warranty Period

C.  Damage to the Lenovo workstation is not covered under warranty

Availability

We will provide you with applicable Support Services described below:

A.  If you have purchased them or

B.  If they relate to our warranty obligations during the Service Period (the Initial Warranty Period and thereafter for as long as you have purchased Support Services) provided that you are current with any payments you may owe us.

Point of Contact

You will appoint a trained associate ("Point of Contact") to qualify all support requests and serve as the primary point of contact with us.  This associate will be responsible for contacting us for Support Services.  You will appoint a secondary similarly trained associate as a backup.

Standardization, Performance Optimization, Controlled Versioning and Remote Access to Workstation.

3Disc and its designated affiliate will retain remote access and administration rights to the Workstation for the Warranty Period to assist with workstation standardization, performance optimization, controlled operating system updates and workstation specific optimizations.  It is your responsibility to maintain HIPAA compliance on this Workstation, and keep HIPAA compliant backups of your data and applicable program files: you will be solely responsible for ensuring this compliancy and such backups.

Data Collection

You acknowledge, consent and agree to the collection of Technical Data and its communication to 3DISC for use by 3DISC and its affiliates for the possible purposes of monitoring the performance of the software and equipment, improving the software and equipment, troubleshooting errors or problems incurred by the software or equipment, identifying new software and equipment products that may be helpful to you, and for other similar purposes. Technical Data shall be retained by 3DISC or its affiliates no longer than necessary for such purposes. 3DISC shall not be liable for any cybersecurity breach of the site where the 3DISC software are installed. As used herein, the term “Technical Data” shall mean and refer to data pertaining to the operation and performance of the 3DISC software and equipment (and their sub-components) and shall include, without limitation, data related to operational activity, operational status, and errors or problems incurred. Technical Data shall not include patient personal information or patient health related information.

Service Plan Options

The Initial Warranty Period for Support Services starts on the Effective Date, and extends for 24 months.  You have the option, via notification in writing to 3Disc at any time during the Initial Warranty Period, to purchase a 1 year, 2 year or 3 year extension to this Service Period (Extended Service Period.)  Your Support Services will terminate 24 months after the Effective Date should you choose not to notify us of your intention to extend your Support Services.

System Support.

Telephone support will be available during normal business hours and at other times as published by us from time to time.  Phone and text support is available at UGH-PLS-HELP (844-757-4357), e-mail support is available at 3disc@gobcmtech.com.  Ensure to have your 3Disc account information including scanner and Workstation serial numbers readily available for identification and servicing.  Remediation plan is at the sole discretion of 3Disc and it's affiliate, BCM Technologies.

Updates

Updates will be made available to you during and after the Service Period and Extended Service Period at no charge.  We make no warranties or representations regarding the frequency of updates or the extent to which updates are made available at all.

Limitations and Exclusions

A.  We will not be responsible for providing System Support relating to the following:

B.  Operation of the 3Disc IOS on a system not supplied and/or supported by 3Disc and/or its affiliate, BCM Technologies.

C.  Third Party Software

D.  Software (or Third Party Software) errors caused by changes, alterations or revisions made by you or on your behalf.

E.  Problems caused by your data, network, database, operational or other environmental factors not within our direct control.

F.  Problems caused by non-HIPAA compliant data backup procedures, third party databases, or customizations to the software.

G.  Problems caused by unqualified or untrained Points of Contact.

If we assist you, at your request, with the correction of any problem not covered by these Support Services, then you agree to reimburse us for all reasonable expenses incurred and time spent in diagnosing problems not caused by us, repairing any of your alterations or revisions to the Software and correcting Software errors or other defects resulting from the occurrence of one or more of the events described in items (A) through (E) above.  Such services will be invoices to you at our then-current time and materials rates.