Site Terms and Conditions

Definitions:

(a) Carestream Dental, LLC (“Carestream Dental LLC”, “Carestream Dental”, “we”, “us”, or “our”) is a Georgia limited liability company with an office located at 3625 Cumberland Boulevard, Suite 700, Atlanta, Georgia 30339.
(b) Customer (“Customer”, “you”, or “your”) means the person, company, business, organization, or entity purchasing products or services via the Carestream Dental eCommerce website.
(c) Contract means any document signed, initialed, or otherwise agreed to by you without alteration, these eCommerce standard terms and conditions, any addendums to these eCommerce standard terms and conditions, and any amendment to these eCommerce standard terms and conditions or such addendums that you sign, initial, or otherwise agree to (per Section 10.6 below) in connection with the products or services you are purchasing from Carestream Dental via the Carestream Dental eCommerce website.
(d) Effective Date means the date signed, initialed, or otherwise agreed to by you.
(e) Product(s) means the hardware and/or software licenses which you purchase via the Carestream Dental eCommerce website.
(f) Software means the software for which you purchase software licenses via the Carestream Dental eCommerce website, including any updates and software error corrections that we generally provide to other software license purchasers.
(g) Website means the Carestream Dental eCommerce website.
(h) Written Notice means a communication sent or received via email, fax, mail, or delivery service. A copy of all legal notices from Customer must be sent to: General Counsel, Carestream Dental LLC, 3625 Cumberland Boulevard SE, Suite 700, Atlanta, Georgia 30339.

1. License and Sale. Subject to these terms and conditions and any addendums or amendments, we (i) grant you a worldwide, non-transferrable (except as expressly set forth herein or otherwise permitted in writing by us), non-exclusive license to use the Software during the term of such license (“Software License”), (ii) sell you the hardware (“Hardware”) which you are purchasing, and (iii) agree to provide mutually agreed-upon support services (“Support Services”) and other services, in each case as set forth in the Contract.

1.1 License Terms. The Software License for each Product comprising Software is for the quantity input by you via the Website or that we deliver to you at the site identified by you via the Website and permits you to make one copy of the Software solely for backup and archival purposes. You may not:

(a) use or copy the Software except as permitted in this Contract;
(b) translate, reverse engineer, decompile or disassemble the Software, except as expressly permitted by applicable law;
(c) rent, lease, assign or transfer the Software or Software License, except as expressly permitted by this Contract;
(d) modify the Software;
(e) use the Software other than in connection with the patients of your own dental practice; or
(f) use the Software to provide service bureau services.

These limitations will survive termination of this Contract for any reason. You obtain no rights other than the Software License granted in this Contract and we reserve all rights not expressly granted herein. We retain title to the Software and any copy(ies) made of it.

1.2 Third Party Software. Third party software is transferred to you “as is”. Your right to use third party software, all warranties regarding third party software, and all other terms and conditions relating to third party software will be governed by the separate agreements included with such third party software.

1.3 Relocation of Software/Multiple Office Locations. You may relocate the Software to another site, but only with our prior written consent, which we will not unreasonably withhold, provided that all of the Software, and all copies of the Software located at the old site are removed and moved to the new site. Any relocation, installation, and other labor performed by us with reference to such relocation will be billed to you at our then current rates. If the Software is to be used in multiple locations, you must purchase additional Software Licenses via the Website and additional license fees will be due. License fees are not transferable. Should any location(s), including the main office of your practice, be sold or otherwise transferred to a party other than Customer, or should the Customer entity (i.e., partnership, corporation, etc.) be dissolved, transfer fees and/or additional license fees may be due.

2. Fees; Payments. Unless otherwise provided in this Contract, 50% of the purchase price of any Products purchased via the Website are due and payable as a “Deposit” when you select the “Purchase” button on the Website. The balance is due and payable prior to shipment. If we attempt to schedule or deliver Products to you and you have failed to agree to a delivery date or to accept such delivery within the 12-month period following the Effective Date, we shall be entitled to retain, in our sole discretion, your Deposit as liquidated damages and not as a penalty. You acknowledge that damages for failure to schedule or accept delivery within a reasonable time are difficult to ascertain and the amount of the Deposit is a reasonable estimate of the damages that would probably be caused by such failure.

2.1 Support Fees. You agree to pay fees for support services monthly (“Support Fees”). Initial Support Fees are due on the “Support Services Commencement Date” which will be determined as follows:

(a) for PracticeWorks and SoftDent Software, Initial Support Fees are due on the earlier to occur of (i) installation; (ii) training, or (in) 60 days following the Effective Date.
(b) for all other Software where training is included with the Software License, Initial Support Fees are due on the earlier of (i) the first day of training, or (ii) nine months after the Effective Date.
(c) for all other Software where training is not included with the Software License, Initial Support Fees are due on the date of product shipment.

If you purchase additional Support Services, the monthly aggregate Support Fees due will be revised accordingly. We may adjust the Support Fees effective after the first full year of support services by delivering to you written notice of such adjustment 30 days prior to the proposed effective date of the new fees.

2.2 eServices Fees. You agree to pay the fees for eServices (including, but not limited to, eBackup, eClaims, and related services), in the manner specified in this Contract. We may change our incremental fees for eServices from time to time upon 30 days prior notice. Carestream Dental reserves the right to routinely review your actual usage of any eServices to ensure that it conforms to the plan size to which you subscribed. You agree that you will be responsible for any overages at the then-current monthly fees which correspond to your actual usage.

2.3 Taxes. You are responsible for the payment (directly or by reimbursement to us) of all taxes imposed on us or on you resulting from this Contract, excluding taxes based on our income. If you provide us with a copy of your tax exemption letter or number, then we will not bill you for taxes to which the exemption applies.

2.4 Shipping & Handling. We will deliver Hardware and Support Services to the address you specify to us prior to each delivery or, for Software, via download. For Hardware deliveries, we will select the timing and method of transportation and prepay the transportation charges including transit insurance. We will invoice you for the transportation charges. Shipping and handling charges are subject to change. You will bear the risk of loss of, and damage to, the Products after delivery except that we will bear the risk of loss for damages incurred during shipping that you report to us within five days of delivery if you inspect the Products promptly upon arrival and promptly report all visible damage to the shipper.

2.5 Returns. Product returns are permitted only with prior authorization from Carestream Dental, which Carestream Dental may deny in its sole discretion. Approved returns will be issued a Return Merchandise Authorization ("RMA") number by Carestream Dental, along with return instructions. The RMA number must be included on the packing slip for returned material(s). Returns must be delivered to Carestream Dental within 10 days after the RMA is issued. Late returns will be refused. All returned Products must be in good working order and include all original packing materials and accessories. Carestream Dental will impose a restocking fee equal to 20% of the item purchase price on all returns and deduct that amount from the credit issued to the account. Consumable items, including sheaths, bite plates, bite sticks, chin rest, paddles, rinn kits, cables, holders and hubs are not eligible for return. Shipping and handling fees on the initial purchase and on the return, shipment is not eligible for refund or credit. You are responsible for return shipping expenses. Returns will not be authorized if requested more than 90 days from date of shipment.

2.6 Training Expiration. For training purchased either as a part of a bundle or a separate line item, if the training is not used within nine months of the installation date (in the case of training purchased with new Software or Hardware), or within nine months of the purchase date (in the case of training purchased separate from the Software or Hardware), then you will forfeit the value of the training. No credits, repayments, or extensions will be permitted.

2.7 Software -Related Services Expiration. Software installation services, conversion services and customization services purchased either as a part of a bundle or as a separate item must be used within nine months following the Effective Date. No credits, repayments, or extensions will be permitted.

3. Third-Party Lease Financing. You may enter into a financing agreement with a leasing company for financing the amounts due under this Contract, if we have approved the form of any leasing or financing agreement before we become obligated to deliver Products or Services pursuant to this Contract. Regardless of any financing relationship you have with a leasing company, we shall be entitled to treat you as the owner and licensee of the Products purchased and licensed under this Contract, and you and we shall remain directly and primarily liable to each other under this Contract notwithstanding any financing by a leasing company.

4. Term and Termination.

4.1 Term. Hardware sales are effective on the Effective Date. Software Licenses for imaging Software commence on the Effective Date and unless terminated as provided in this Contract will continue in effect in perpetuity. Support Services are effective for an initial term of 12 months from the Support Services Commencement Date, and during the month-to-month periods for which the applicable fees have been paid. You or we may terminate Support Services after the initial 12-month term by providing 30 days prior written notice to the other party.

4.2 Termination for Cause. If either party fails to perform any material obligation under this Contract, then the non-defaulting party may give written notice to the defaulting party specifying the material failure. If the material failure is not corrected within 30 days after the date of such notice, then the non-defaulting party may terminate this Contract upon written notice to the defaulting party. The right of the non-defaulting party to terminate this Contract is in addition to all other rights that are available to it.

4.3 Effect of Termination. Upon termination or expiration, you will pay us all amounts you owe to us under this Contract through the date of termination or expiration.

5. Nondisclosure and Confidentiality.

5.1 Disclosure. Each party may disclose to the other party or become aware of Proprietary Information (as defined herein) of the party or of the party’s associated companies, suppliers, or customers. “Proprietary Information” means Trade Secrets (as defined under applicable law), the Software, and other information that is of value to its owner and treated by its owner as confidential. Proprietary Information does not include:

(a) information already known to recipient without an obligation to keep such information confidential;
(b) information received by recipient in good faith from a third party lawfully in possession of the information and having no obligation to keep such information confidential; or
(c) information publicly known at the time of recipient’s receipt from the disclosing party.

5.2 Requirement of Confidentiality. The recipient of any Proprietary Information shall:

(a) not disclose such information except to its employees, contractors, and subsidiaries who have a need to know and who are bound by confidentiality obligations substantially like those herein, and
(b) use such information only in connection with the purposes of this Contract.

The obligations of this Section 5 with respect to Proprietary Information not constituting a Trade Secret will continue for the longer of any term of any Software license or of any Support Services agreement, and for a period of three years thereafter. For Proprietary Information constituting a Trade Secret, the obligations of this Section 5 will continue for so long as such Proprietary Information remains a Trade Secret.

6. Infringement Indemnity. We will, at our expense, defend any action brought against you to the extent that it is based on a claim that a Product when used as authorized by this Contract infringes any valid and enforceable patents, copyrights, or trade secrets, provided that we are immediately notified in writing of any such claim and provided that we will have the exclusive right to control the defense thereof. If, because of such action you are enjoined from using the Product, then we may, at our sole option and expense, either procure for you the right to continue to use the Product or replace or modify the Product to avoid or settle such claim, litigation or litigation threat. If such settlement or modification is not reasonably practical in our sole opinion, then we may, at our option:

(a) discontinue and terminate the license in the case of Software, or
(b) accept return of the Hardware, upon written notice to you.

In either case, we will refund to you the book value of the products so returned. This Section 6 describes our entire liability with respect to infringement, misappropriation, or alleged infringement or misappropriation of any trademarks, copyrights, patents or trade secrets by the Products.

7. Data Security/HIPAA and GDRP Compliance.

7.1 Data Security. Consistent with all applicable regulations, we shall maintain appropriate security measures to protect personal information of your patients to which we are exposed while providing Products or Services under this Contract.

7.2 HIPAA & HITECH. A separate HIPAA and GDRP compliance agreement (i.e., a Business Associate Agreement or “BAA”) shall be executed by the you and us.

8. Warranty, Remedies, and Limitations.

8.1 Warranty. For the warranty period applicable to each Product as indicated on Exhibit A (the “Initial Warranty Period”), and thereafter for as long as you have purchased Support Services for the Software or Hardware, (collectively the “Service Period”), we warrant the Software media and Hardware to be free from defects in material or workmanship under normal use and service, and warrant the Software to perform substantially in accordance with its documentation, provided that Software is warranted ONLY when installed by a qualified person on a computer system that meets the specified hardware and software configuration described in the Software documentation. We also warrant all Support Services will be performed in a professional and competent manner. You are solely responsible for using the Products and for the accuracy and adequacy of data entry. You have full responsibility for the care and well-being of your patients and any reliance by you upon the Products does not diminish that responsibility. THE WARRANTIES EXPRESSLY SET FORTH IN THIS CONTRACT ARE IN LIEU OF ALL OTHERS, EXPRESS OR IMPLIED, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHICH ARE HEREBY DISCLAIMED. These warranties are made only to the original purchaser/licensee of the Products and are not transferable.

8.2 Remedies. In the event of a breach of the foregoing warranties during the period within which the Product is covered by a warranty or service plan described in Exhibit A, we will correct the breach in accordance with the applicable plan if you notify us of the breach during the Service Period. In the event of a breach of all other warranties and if you notify us of the breach during the Service Period, then we will repair or replace the Product or re-perform the Support Service where cure of the breach is possible through repair, replacement or re-performance. If repair, replacement, or re-performance is not possible, then we shall be liable only for direct damages, subject to the maximum liability provided herein. This section provides your sole and exclusive remedy for any cause of action against us, regardless of the form of action, whether based in contract, tort (including negligence), strict liability or any other theory of law. The parties to this Contract have each agreed to the fees and entered into this Contract in reliance upon the remedies, warranties, limitations and disclaimers set forth in this Contract, and the same form an essential basis of the bargain between the parties.

9. Limitation of Liability.

9.1 Limitation of Remedy. In no event will either you or we, each of our affiliates (if any), or any of each of our officers, directors, employees, stockholders, agents or representatives be liable to the other or any other person or entity for any special, indirect, incidental, exemplary, punitive, or consequential damages, including but not limited to any loss of or damage to goodwill, loss of business, loss of revenue, or loss of anticipated profits or savings, even if the other party has been notified of the possibility or likelihood of such damages occurring, and whether such liability is based on contract, tort, negligence, strict liability, products liability or otherwise.

9.2 Maximum Liability. Except for our liability for infringement indemnity (as set forth in Section 6), and our liability for death, personal injury or physical property damage (to the extent arising out of or resulting from a proven manufacturing or design defect in a Product, or from our gross negligence or willful misconduct), in no event will our liability for damages to you, or to any other person or entity regardless of the form of action, whether based on contract, tort, negligence, strict liability, products liability or otherwise, ever exceed the amount received by us under this Contract.

10. Miscellaneous.

10.1 Relationship of Parties. This Contract will not be construed to create any employment, partnership, joint venture or agency relationship or to authorize either you or us to enter into any commitment or contract binding the other.

10.2 Assignment. This Contract and all rights and obligations under it may not be assigned in whole or in part by you, including to a leasing company, without our prior written consent. Either party may assign this Contract in connection with a reorganization, merger, consolidation, acquisition, divestiture or restructuring involving all or substantially all such party’s voting securities or assets, provided that any transfer of software licenses hereunder will be in accordance with Carestream Dental policies and procedures. This Contract will be binding upon and inure to the benefit of the parties, their legal representatives, permitted transferees, successors and assigns.

10.3 No Waiver. No delay or failure in exercising any right under this Contract and no partial or single exercise of such right will be deemed to constitute a waiver of such right or any other rights hereunder. No consent to a breach of any express or implied term of this Contract will constitute consent to any prior or subsequent breach.

10.4 Contact. By signing, accepting, or agreeing to this Contract, you agree that we may contact you at the phone number and email address provided by you for anything related to the Products purchased under this Contract.

10.5 Force Majeure. Neither party will be liable for failure to perform any of its respective obligations under this Contract, other than the payment of fees, if and during such time as such failure is caused by an event outside its reasonable control, including, but not limited to, an act of God, pandemic, epidemic, war (declared or undeclared), terrorism, civil unrest, strike, or natural disaster.

10.6 Governing Law. This Contract shall be construed in accordance with the substantive laws of the State of Georgia, United States of America, without regard to its conflicts of laws provisions. You and we submit to the nonexclusive personal jurisdiction of, and waive any objection against, the United States District Court for Georgia, or the State courts of the State of Georgia in Cobb County, Georgia.

10.7 Amendments. All modifications or amendments to this Contract will be ineffective unless made in writing and signed or otherwise accepted or agreed to by authorized representatives of the parties.

10.8 Entire Agreement. This Contract constitutes the entire agreement between the parties as to the subject matter hereof and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals, whether written or oral. Any terms and conditions that are incorporated in your purchase order(s) or any similar document(s), if any, shall be considered contemporaneous proposals and therefore remain subject to the preceding sentence.

Exhibit A
Warranty, Extended Maintenance, and Service Terms
A. Initial Warranty Periods

Product

Initial Warranty Period

All Digital Equipment related software

90 days after the effective date

RVG Intraoral Sensor

36 months after delivery

Intraoral Cameras

12 months after delivery

Intraoral Scanners

12 months after delivery

CAD/CAM Mills

12 months after installation

CR Intraoral Systems

24 months after installation

8000 Product Line

12 months after installation

8100 Access, 8100, 8100SC Access, & 8100SC

12 months after installation

8100 3D Access, 8100 3D, 8100SC 3D Access & 8100SC 3D

24 months after installation

9000 Product Line

12 months after installation

9300 Product Line

24 months after installation

9500 Product Line

12 months after installation

9600 Product Line

24 months after installation

2100 & 2200 Generators

24 months after installation

All Other Hardware, including refurbished equipment

12 months after effective date

Upgrade Type

Initial Warranty Period

8100 to 8100SC

12 months after installation

8100 to 8100 3D

24 months after installation

8100 to 8100SC 3D

24 months after installation

8100SC to 8100SC 3D

24 months after installation

8100 3D to 8100SC 3D

12 months after installation

If you purchase any of the following products, you will receive either a Lenovo workstation or a Lenovo laptop included with your purchase:
1. 8100 3D Access, 8100 3D, 8100SC 3D Access & 8100SC 3D;
2. 9300 Product Line;
3. 9600 Product Line;
4. 3600 & 3600 Access;
5. CS3600 with CS 3D 3.1;
6. CS3600 with CS ScanFlow; and
7. CS 3700 with CS ScanFlow.

Terms and conditions related to the Lenovo workstations or Lenovo laptops:
1. The specific Lenovo workstations are the P52, P330 and Carestream Dental approved Lenovo pilot models;
2. The Lenovo workstations are not covered by any Carestream Dental warranties;
3. Lenovo workstations are covered by the Lenovo standard limited onsite warranty;
4. Status of Lenovo warranty here: https://pcsupport.lenovo.com/us/en/warrantylookup; and
Details of warranty here: https://www.lenovopartnernetwork.com/us/client-services/.

B. Support Services

1. Availability. We will provide you with the applicable Support Services described below (i) if you have purchased them, or (ii) 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 for the Software or Hardware), provided that you are current with any payments you owe to us.

2. Point of Contact. You will appoint one of your adequately trained employees (“Point of Contact”) to qualify all support requests and serve as the primary point of contact with us. This employee will be responsible for contacting us for Support Services. You will appoint a second similarly qualified employee as a backup.

3. Site Access. You will grant us reasonable access to your premises during your normal working hours to perform our obligations under this Contract.

4. Remote Access. You will provide us with remote access to supported Hardware and/or Software for purposes of performing Support Services. You will provide and maintain at your expense the necessary network and equipment to permit such access (e.g., broadband or telephone line and modem). It is your responsibility to keep proper backups of your data and program files, and you will be solely responsible for such backups. If permission of any other party (e.g., your landlord or network service provider) is needed for us to use remote access, you are responsible for obtaining such permission.

5. Service Plans; Term and Termination. Support Services are available for Hardware under an extended maintenance agreement (a “Plan”). A Plan may not be terminated without cause during the initial 12 months of the Plan. If you elect to terminate your Plan without cause during the initial 12 months of the Plan, then you will be billed for the balance of the Plan fees for the initial 12-month period. After the initial 12 months of the Plan, you may terminate your participation in a Plan by providing us with 30 days written notice of termination. If your participation in the Plan is terminated for any reason, then you may reinstate your participation in the Plan if you pay: (1) an inspection fee of $500; and (2) the cost(s) of any repair(s) to the Hardware.

C. Support Services - Software

1. Telephone Support. We will provide telephone support to your Point of Contact to enable reporting of software errors (i.e., a material failure of the Software to conform to its documentation) and to seek assistance regarding those software errors. Telephone support does not include telephone training of your personnel. Telephone support will be available during normal business hours and at other times as published by us from time to time.

2. Software Error Correction. We will use reasonable efforts to correct software errors reported to us during the Service Period. Within a reasonable period of time after verifying that a software error is present, we will initiate work in a diligent manner toward development of a software error correction.

3. Updates. If you purchased a customer service plan we will make available to you, at no charge, all modifications or enhancements to the supported software at no charge (“Updates”). If you do not purchase a service plan those Updates will require a fee. Other enhancements to the Software that are separately marketed by us may be subject to additional charges. Updates may require the purchase or licensing of additional Hardware and/or Software at your expense. If we notify you that Updates are mandatory for the continued provision of Support Services, you agree to install such Updates in a timely manner. We make no warranties or representations regarding the frequency of Updates or the extent to which Updates are made available at all. If we have provided software customization services, then the customized software will not be updated, and we do not warrant the compatibility of any software customizations with any Updates.

4. Limitations & Exclusions. We will not be responsible for providing software Support Services relating to the following:

(a) Software (or third-party software) errors that result from your improper handling or use of the Software, including installation on a system that does not meet the system requirements we provide to you in our documentation;
(b) Software (or third-party software) errors for which we have provided corrections not implemented by you within a reasonable time;
(c) Software (or third-party software) errors caused by changes, alterations or revisions made by you or on your behalf;
(d) problems caused by your data, network, database, operational or other environmental factors not within our direct control;
(e) problems caused by your inadequate data backup procedures, third party databases, or customizations to the Software (or third-party software) ; and
(f) problems caused by unqualified 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 (f) above. Such services will be invoiced to you at our then-current time and materials rates.

5. Support for Third-Party Software. We will not provide, and Support Services do not include, support for any third-party software unless it is listed on this Contract. Such additional Support Services will be offered only to the extent necessary to operate the Software.

D. Support Services - Hardware

1. RVG Sensor Products. If a material defect in materials or workmanship occurs in an RVG Sensor under normal use and service during the Initial Warranty Period, then we will replace that RVG Sensor (i) at no cost during the 12 months after the delivery date (the “100% Warranty Period”); and (ii) at a cost to you as listed in the following table during the period beginning on the first day following the end of the 100% Warranty Period and ending on the third anniversary of the delivery date:

Product

Initial Warranty Replacement Fee

Year 1

Year 2-3

RVG 5100 & RVG 5200

$0

$2,500 + Shipping & Handling

RVG 6100 & RVG 6200

$0

$2,995 + Shipping & Handling

If the RVG Sensor is covered by the RVG Sensor Extended Maintenance Plan, and if a defect in materials or workmanship occurs in an RVG Sensor under normal use and service, then we will expedite a replacement of that RVG Sensor (i) at no cost during the first 36 months after the delivery date and (ii) at a cost to you as listed in the following table per RVG Sensor for the subsequent years. If we replace an RVG Sensor as provided above, and there is a material defect in materials or workmanship in that replacement sensor under normal use and service during the first 12 months after the replacement sensor is delivered, then we shall replace that replacement RVG Sensor at no cost.

Product

Extended Maintenance Plan Replacement Fee

Year 1-3

Year 4-5

Year 6-8

RVG 5100 & RVG 5200

$0

$2,500 + Shipping & Handling

No Option

RVG 6100 & RVG 6200

$0

$2,995 + Shipping & Handling

$3,995 + Shipping & Handling

If the RVG 6200 Sensor is covered by the RVG Sensor Life Time Plan, then if a material defect in materials or workmanship occurs in an RVG 6200 Sensor under normal use and service, we will expedite a replacement of that RVG 6200 sensor (i) at no cost during the first 36 months after the delivery date of the sensor and (ii) at a cost to you as listed in the following table for the subsequent years. If the replacement sensor can no longer be an RVG 6200 after 36 months, then the latest equivalent sensor generation will be used as a replacement as listed in the following table. If we replace an RVG 6200 Sensor as provided above, and there is a material defect in materials or workmanship in that replacement sensor under normal use and service during the first 12 months after the replacement sensor is delivered, then we shall replace that replacement RVG Sensor at no cost. After 12 months, the replacement sensor will be enrolled in the RVG Sensor Life Time Plan and will carry the age of the original sensor initially replaced.

Product

Life Time Plan Replacement Fee

Sensor age
0 to 36 months

Sensor age
from 37 months and beyond

RVG 6200

$0

$2,999 + Shipping & Handling

Or 45% off the list price of latest equivalent sensor generation if same generation is no longer available

The RVG Sensor Life Time Plan covers an unlimited number of RVG 6200 sensors per physical location where they are used. If a sensor is used in multiple location, then an RVG Sensor Life Time Plan must be subscribed for each location to the sensor is being used.

The following are conditions for enrolling RVG 6200 sensors into the RVG Sensor Life Time Plan:

(a) Any new purchased RVG 6200 sensor is enrolled immediately into the RVG Sensor Life Time Plan of the site at which it is being used; and
(b) RVG 6200 sensors purchased before the RVG Sensor Life Time Plan subscription begins are enrolled retrospectively into the RVG Sensor Life Time Plan if they are already covered by an Extended Maintenance Plan or if they are still covered by the Initial Warranty Period. Sensors are enrolled with their current age.

Advantage Plan

Labor

All Parts

Tubehead, Sensor & Ceph (if applicable)

5 Yr Limited

First 24 months

First 24 months

36 months

7 Yr Limited

First 24 months

First 24 months

60 months

5 Yr Parts Only

First 24 months

60 months

N/A

5 Yr P&L

60 months

60 months

N/A

8 Yr Parts Only

First 24 months

96 months

N/A

8 Yr P&L

96 months

96 months

N/A

5 Yr Tier 1

60 months

60 months

N/A

5 Yr Tier 2

First 24 months

60 months

N/A


2. Extraoral Digital Imaging Systems. If a material defect in materials or workmanship occurs in an Extraoral Digital Imaging System under normal use and service during the Service Period, we will then, either directly or through independent technicians certified by us, and at no cost to you: (i) initiate repairs not later than the day immediately following our receipt of the service request whenever reasonably possible; and (ii) replace any malfunctioning parts.

2.1. If a material defect in materials or workmanship occurs under normal use and service in an Extraoral Digital Imaging system covered under a 5 Year Tier 2 Warranty Advantage Plan, then we will, at no cost to you during the first 24 months after the installation date: (i) initiate repairs not later than the day immediately following our receipt of the service request whenever reasonably possible; and (ii) expedite replacement of any malfunctioning parts. In the third through the fifth years of the plan, replacement of any malfunctioning parts will be covered, but all labor costs will be at your expense. You are responsible for coordinating and scheduling any service needs with the technicians. Carestream Dental will only ship the covered parts. This warranty is only offered at the initial point of equipment sale.

2.2. If a material defect in materials or workmanship occurs under normal use and service in an Extraoral Digital Imaging system covered under a 5 Year Tier 1 Warranty Advantage Plan, then we will, at no cost to you during the first 60 months after the installation date: (i) initiate repairs not later than the day immediately following our receipt of the service request whenever reasonably possible; and (ii) expedite replacement of any malfunctioning parts. This warranty is only offered at the time of equipment sale.

2.3. If a material defect in materials or workmanship occurs under normal use and service in an Extraoral Digital Imaging system covered under a 5 Year Parts Only Warranty Advantage Plan, then we will, at no cost to you during the first 24 months after the installation date: (i) initiate repairs not later than the day immediately following our receipt of the service request whenever reasonably possible; and (ii) expedite replacement of any malfunctioning parts. In the third through the fifth years of the plan, replacement of any malfunctioning parts will be covered, but all labor costs will be at your expense. You are responsible for coordinating and scheduling any service needs with the technicians. Carestream Dental will only ship the covered parts. This warranty is only offered at the initial point of equipment sale.

2.4. If a material defect in materials or workmanship occurs under normal use and service in an Extraoral Digital Imaging system covered under a 5 Year Full Parts and Labor Warranty Advantage Plan, then we will, at no cost to you during the first 60 months after the installation date: (i) initiate repairs not later than the day immediately following our receipt of the service request whenever reasonably possible; and (ii) expedite replacement of any malfunctioning parts. This warranty is only offered at the time of equipment sale.

2.5. If a material defect in materials or workmanship occurs under normal use and service in an Extraoral Digital Imaging System covered under a 5 Year Limited Warranty Advantage Plan, then we will, at no cost to you during the first 24 months after the installation date: (i) initiate repairs not later than the day immediately following our receipt of the service request whenever reasonably possible; and (ii) expedite replacement of any malfunctioning parts. In the third through the fifth years of the plan, replacement of any malfunctioning tube head, sensor, and, if applicable, ceph will be covered, replacement of any other malfunctioning parts and all labor costs will be at your expense. You are responsible for coordinating and scheduling any service needs with the technicians. Carestream Dental will only ship the covered parts. This warranty is only offered at the time of equipment sale.

2.6. If a material defect in materials or workmanship occurs under normal use and service in an Extraoral Digital Imaging system covered under a 7 Year Limited Warranty Advantage Plan, then we will, at no cost to you during the first 24 months after the installation date: (i) initiate repairs not later than the day immediately following our receipt of the service request whenever reasonably possible; and (ii) expedite replacement of any malfunctioning parts. In the third through the seventh years of the plan, replacement of any malfunctioning tube head, sensor, and, if applicable, ceph will be covered, replacement of any other malfunctioning parts and all labor costs will be at your expense. You are responsible for coordinating and scheduling any service needs with the technicians. Carestream Dental will only ship the covered parts. This warranty is only offered at the time of equipment sale.

2.7. If a material defect in materials or workmanship occurs under normal use and service in an Extraoral Digital Imaging system covered under an 8 Year Parts Only Warranty Advantage Plan, then we will, at no cost to you during the first 24 months after the installation date: (i) initiate repairs not later than the day immediately following our receipt of the service request whenever reasonably possible; and (ii) expedite replacement of any malfunctioning parts. In the third through the eighth years of the plan, replacement of any malfunctioning parts will be covered, but all labor costs will be at your expense. You are responsible for coordinating and scheduling any service needs with the technicians. Carestream Dental will only ship the covered parts. This warranty is only offered at the initial point of equipment sale.

2.8. If a material defect in materials or workmanship occurs under normal use and service in an Extraoral Digital Imaging system covered under an 8 Year Full Parts and Labor Warranty Advantage Plan, then we will, at no cost to you during the first 96 months after the installation date: (i) initiate repairs not later than the day immediately following our receipt of the service request whenever reasonably possible; and (ii) expedite replacement of any malfunctioning parts. This warranty is only offered at the time of equipment sale.

3. Intraoral Camera Products. If a material defect in materials or workmanship occurs in an Intraoral Camera or any of its components (excluding batteries and the SD card, which are not covered by this warranty) under normal use and service during the Initial Warranty Period, we will repair or replace that Intraoral Camera or component at no cost.

If the Intraoral Camera is covered by an Intraoral Camera Advantage Plan Extended Warranty, and if a material defect in materials or workmanship occurs in the Intraoral Camera or one of its components under normal use and service during the 36 months after delivery, then we will expedite a replacement of that Intraoral Camera or component at no cost.

4. CAD/CAM Mills. If a material defect in materials or workmanship occurs in a CAD/CAM Mill or any of its components under normal use and service during the Initial Warranty Period, we will then, either directly or through independent technicians certified by us, and at no cost to you: (i) initiate repairs not later than the day immediately following our receipt of the service request, whenever reasonably possible; and (ii) replace any malfunctioning parts.

If the CAD/CAM Mill is covered by the CAD/CAM Mill Advantage Plan Extended Warranty, and if a material defect in materials or workmanship occurs in a CAD/CAM Mill under normal use and service, we will then, either directly or through independent technicians certified by us, and at no cost to you during the first 36 months after the installation date: (i) initiate repairs not later than the day immediately following our receipt of the service request whenever reasonably possible; and (ii) expedite replacement of any malfunctioning parts.

5. Intraoral Scanner Products. If a material defect in materials or workmanship occurs in a Carestream Dental intraoral scanner (“Intraoral Scanner”) or any of its components under normal use and service during the Initial Warranty Period, we will replace that Intraoral Scanner or component. Covered parts are limited to the intraoral scanner, power adapter, calibration tip (for the CS 3500 only), and hand piece holder.

5.1. If a material defect in materials or workmanship occurs under normal and service in an Intraoral Scanner, or one of its components, that is covered under an Intraoral Scanner Advantage Plan Warranty, then, during the period while your Advantage Plan for the applicable Intraoral Scanner product is in effect, we will expedite a replacement of that Intraoral Scanner or component at no cost. If we replace an Intraoral Scanner as provided above, and there is a material defect in materials or workmanship in that replacement Intraoral Scanner under normal use and service during the first 12 months after the replacement scanner is delivered, then we will replace that replacement Intraoral Scanner. Covered parts are limited to the intraoral scanner, power adapter, calibration tip (for the CS 3500 only), and hand piece holder.

5.2. Additional Advantage Plan Benefits for Intraoral Scanner Products:
The following table indicates which additional benefits will be provided during the period your Advantage Plan for the applicable Intraoral Scanner product is in effect:

Intraoral Scanner Product

Additional Advantage Plan Benefits

CS Protect

CS Support

CS Update

CS Connect Portal

one account per covered Intraoral Scanner

Scan Quality Check

up to 5 cases per covered Intraoral Scanner; must be submitted within 12 months from delivery

CS 3600 3D  3.1

Yes

Yes

 No

Yes

Yes

CS 3600 CS ScanFlow

Yes

Yes

Yes

Yes

Yes

CS 3700 CS ScanFlow

Yes

Yes

Yes

Yes

Yes

CS 3600

Yes

Yes

Yes

Yes

Yes

CS 3600 Access

Yes

Yes

Yes

Yes

Yes

6. Limitations and Conditions on Hardware Support Services. We are not responsible under a warranty or a Plan to provide Hardware Support Services to repair conditions to the extent caused by: (i) misuse, abuse, neglect, or Force Majeure; (ii) installation, modification, alteration, or repair other than by us or a technician certified by us; or (iii) other circumstances affecting the Product beyond our reasonable control. In our sole discretion, we may use a combination of identical or equivalent product(s) or part(s), which may be new, or factory refurbished. Time expended by us for providing Support Services shall not interrupt or prolong the term of the Service Period. Unless otherwise provided herein, we will pay all shipping costs associated with the provision of Support Services or any replacement parts.

7. Return of Defective Parts. If we ship replacement parts or components, then we will provide a return shipping label required to return your defective Product. You will have 14 days from delivery of the replacement to return the defective Product using the shipping label provided. If the defective Product is not returned as requested within 14 days, then you will be charged and agree to pay the full replacement cost of the replacement product shipped to you.

E. Implementation, Training and Conversion Services and Obligations

1. Implementation Services. You are responsible for the installation of the Hardware and the Software at your site, unless otherwise indicated to you by us. Depending on the Product you have purchased, we may send you information explaining your upcoming implementation and we may assign a project coordinator who will serve as a single point of contact during the implementation process.

2. Site Layout, Electrical, Connectivity, and Network Cabling. If you ask us to deliver and install Hardware, you are responsible for providing us with information on site layout, electrical power, multi -office connectivity needs and network cabling specifications prior to Hardware delivery. You are responsible for ensuring that communication lines and equipment are installed and operational prior to Hardware delivery.

3. Integration Restrictions. You understand that integration of other (i.e., third party) software and hardware with the Products may not be feasible and we make no guarantee that such integration can be achieved other than as expressly provided in the Product documentation. You are responsible for any costs incurred by you because of our or your inability to integrate such other software and hardware with the Products. If you retain us to attempt integration, you agree to pay us for all services rendered in attempting to integrate such other software and hardware regardless of the ultimate outcome of that effort.

4. Training. We will provide the training set forth in this Contract. Training may be available at your office or via the internet. You agree to pay for scheduled training services if not cancelled at least 10 business days in advance of the training date. If you cancel onsite training less than 10 business days prior to training, then we will retain $200 of any fees you have paid us as liquidated damages. If you cancel online training less than 10 business days prior to training, then we will retain $100 of any fees you have paid us as liquidated damages. In all cases of training cancellations, you will reimburse us for the cost of any non -refundable airline tickets purchased in advance for the express purpose of training you, regardless of the cancellation date. Any additional training beyond that listed in your Contract will be quoted at our then-current rates and billed separately.

5. Installation, Configuration, and/or Conversion Fees. You will pay us the amounts charged for installation, configuration and/or conversion as designated in the Contract. Installation, configuration and/or conversion services not listed in your Contract will be invoiced to you at our then-current time and materials rates. As listed in your Contract, the installation charges may include staging fees for preparation and testing of your system prior to shipment and on-site hardware installation services. The files subject to the conversion services, if any, are detailed in the Contract and may include client files, payer files, procedure codes and other similar data sets. Conversion services do not include network cabling, which should be completed in advance by you.

F. CS UpStream Communication Service

You hereby acknowledge, consent and agree to the installation, presence, and activation of the CS UpStream Communication Service on imaging software and equipment provided to you by Carestream Dental. You further acknowledge, consent and agree to the collection of Technical Data and its communication to Carestream Dental and its affiliates via operation of the CS UpStream Communication Service for use by Carestream Dental and its affiliates for the possible purposes of monitoring the performance of the imaging software and equipment, improving the imaging software and equipment, predicting maintenance required on the imaging equipment, troubleshooting errors or problems incurred by the imaging software or equipment, identifying new imaging software and equipment products that may be helpful to you, and for other similar purposes. Technical Data shall be retained by Carestream Dental or its affiliates no longer than necessary for such purposes. At your discretion, you may retrieve the Technical Data collected from your imaging software and equipment, request termination of the collection of the Technical Data from your imaging software and equipment, and request deletion of Technical Data previously collected from your imaging software and equipment. Carestream Dental shall not be liable for any cybersecurity breach of the site where the Carestream Dental imaging software and equipment and the CS UpStream Communication Service are installed. As used herein, the term “Technical Data” shall mean and refer to data pertaining to the operation and performance of the Carestream Dental imaging 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.

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