Terms and Conditions for Laboratory Splints and Mandibular Advancement Splints (MAS) Made by Aer Healthcare
1. Introduction
These terms and conditions apply to the purchase and use of Laboratory Splints and Mandibular Advancement Splints (MAS) manufactured and sold by Aer Healthcare ("Company", "we", "us", "our").
By using our products, you acknowledge and agree to these terms and conditions in their entirety. If you disagree with any part of these terms and conditions, you should refrain from using our products.
2. Product Description
Our Laboratory Splints and MAS are dental appliances designed for specific purposes as prescribed by qualified professionals. The proper fit, use, and maintenance are essential for the functionality and longevity of the product.
3. Prescription Requirement
All products should be prescribed by a licensed dental or medical professional. It's the responsibility of the purchaser to ensure that an appropriate prescription is acquired and that the product is used in accordance with that prescription.
4. Limitation of Liability
To the fullest extent permitted by law, the Company will not be liable for any damages, including but not limited to, personal injury, loss or damage to property, loss of use, or any other consequential, indirect, or incidental damages arising out of or in connection with the use of our products.
6. Return and Refund Policy
Products can be returned within thirty (30) days from the date of purchase, provided they are unused and in their original packaging. A 15% restocking fee will apply. Custom-made products are non-refundable.
7. User Responsibilities
- Regularly inspect the product for signs of wear or damage.
- Clean the product as per the guidelines provided.
- Use the product exclusively for the purpose for which it was designed and prescribed.
- Store the product in a safe place, away from children and pets.
8. Intellectual Property
All intellectual property rights in the Laboratory Splints and MAS, including but not limited to design, trademarks, and patents, are owned by or licensed to Aer Healthcare.
9. Governing Law and Jurisdiction
While the laws of the territory in which the items are sold worldwide apply to the sale of these goods, all disputes arising out of or in connection with the purchase and use of the products will be referred to and finally resolved by the courts of New South Wales, Australia, where the intellectual property owner, Aer Healthcare, is based.In the event that Aer Healthcare must initiate proceedings or take legal action against another party as a result of any breaches, non-compliance, or issues stemming from this relationship, the offending party will bear all costs associated with the proceedings. This includes but is not limited to, business-class airfares, accommodations, and any associated expenses for the representatives of Aer Healthcare for the entire duration of their stay in the territory where the proceedings take place. Conversely, should another party initiate proceedings against Aer Healthcare, and Aer Healthcare successfully defends against such proceedings, the initiating party will be responsible for all of Aer Healthcare's associated costs as stated above.
10. Changes to Terms and Conditions
We reserve the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting on our official website or upon notification.
11. Analog Impressions and Bite Registration
a. Dental practitioners intending to send analog impressions must ensure these are thoroughly disinfected and properly protected to withstand the challenges of postal travel. If the clinic chooses to pour the impressions in stone, such models, specifically class 2 dental gypsum, should also be safeguarded appropriately for transportation.
b. The responsibility for the quality and standard of the impressions solely lies with the dental practitioner. Aer Healthcare will not be accountable for any inaccuracies, defects, or shortcomings in the impressions provided by the dental practitioner. The dental practitioner and their staff hold the ultimate responsibility to ensure the precision of the impression, which is vital for the reliable construction of the splints and MAS based on the records (models, impressions, MMR).
12. Digital Scans of Teeth
a. While Aer Healthcare will make every effort to assess the accuracy of digital scans and the MMR provided, the onus of verifying the correctness of these scans prior to submission rests with the sender. Senders are required to affirmatively confirm the accuracy of these scans on the lab form provided.
b. Aer Healthcare shall not be held responsible for remakes or bear the costs of such remakes resulting from inaccurate records dispatched to us for the construction of splints and MAS.
**Aer Dorsal MAS 12-Month Warranty Policy**
**Introduction:**
Aer Healthcare is committed to providing high-quality products to our valued customers. We stand behind the quality and craftsmanship of our Aer Dorsal MAS (Mandibular Advancement Splint). To ensure customer satisfaction and address any concerns related to manufacturing faults or consumer warranty issues, we offer a 12-month warranty policy. This policy outlines the terms and conditions for warranty coverage.
**I. Manufacturing Faults Warranty:**
1. **Warranty Duration:** The Aer Dorsal MAS comes with a 12-month consumer guarantee for manufacturing faults. This guarantee begins from the date of purchase.
2. **Coverage:** We guarantee that the Aer Dorsal MAS is free from manufacturing defects in materials and workmanship. If you discover any such defects during the first 12 months of ownership, we will repair or replace the product, free of charge, subject to the terms and conditions outlined below.
3. **How to Claim:** To initiate a warranty claim for manufacturing faults, please contact our customer service department at info@aerhealthcare.com.au. You will be required to provide proof of purchase, a description of the issue, and any relevant supporting documentation.
4. **Exclusions:** This warranty does not cover damage caused by misuse, accidents, neglect, improper care, or unauthorized modifications to the Aer Dorsal MAS. Additionally, it does not cover normal wear and tear, including discoloration, minor scratches, or damage resulting from failure to follow our written care guidelines.
**II. Consumer-Related Warranty Issues:**
1. **Warranty Duration:** After the initial 12-month manufacturing faults warranty period expires, Aer Dorsal will continue to provide support for consumer-related warranty issues as follows:
- If the issue is determined to be caused by not following our written care guidelines, the consumer is responsible for any repair or replacement costs.
- If the issue is related to not attending regular dental clinic checkups with the appliance, it is the consumer's responsibility, and any associated costs for adjustments or modifications are not covered under warranty.
**General Warranty Terms and Conditions:**
1. **Limitations:** This warranty is non-transferable and applies only to the original purchaser of the Aer Dorsal MAS.
2. **Modifications:** Any unauthorized modifications or alterations to the product will void this warranty.
3. **Proof of Purchase:** To be eligible for warranty service, you must provide a valid proof of purchase, such as a sales receipt or invoice.
4. **Replacement:** In the event that a replacement is provided, the warranty coverage for the replacement product will be the remaining duration of the original 12-month warranty.
5. **Dispute Resolution:** Any disputes arising from this warranty policy will be resolved through negotiation, mediation, or arbitration in accordance with applicable laws and regulations.
6. **Contact Information:** For warranty claims or inquiries, please contact our customer service department at info@aerhealthcare.com.au.
**Conclusion:**
Aer Healthcare is dedicated to ensuring the satisfaction of our customers and stands by the quality of our products. This 12-month warranty policy provides clear guidelines for addressing manufacturing faults and consumer-related issues while maintaining the highest standards of customer service. We encourage all customers to carefully read and understand this warranty policy.
DISCLAIMER
[ODL Sleep Services Pty Ltd T/A Aer Healthcare] – WEBSITE TERMS OF USE
This website (Site) is operated by [ODL Sleep Services Pty Ltd 75 606 310 196] (we, our or us). It is available at: www.aerhealthcare.com.au and may be available through other addresses or channels.
Consent: By accessing and/or using our Site, you agree to these terms of use and our privacy policy terms available on this website (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
License to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
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Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or license all rights, titles, and interests (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Site or the Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission, or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third-party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
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(b) access will be uninterrupted, error-free, or free from viruses; or
(c) Our site will be secure.
You read, use, and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of NSW You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
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Aer Healthcare Sleep and Diagnostic Services: Non-Discrimination and Contraindication Policy
1. Purpose:
Aer Healthcare Sleep and Diagnostic Services (hereinafter referred to as "Aer Healthcare") is committed to providing high-quality sleep and diagnostic services to all clients and customers. This policy aims to prevent discrimination against clients and customers while ensuring the safety and well-being of those with known contraindications for Type 2 sleep testing, specifically in accordance with Medicare item 12250 in Australia.
2. Non-Discrimination Policy:
Aer Healthcare is dedicated to providing equal access and treatment to all clients and customers, irrespective of their age, race, colour, religion, gender, sexual orientation, gender identity, national origin, disability, or any other protected status as defined by applicable laws and regulations. Discrimination, in any form, against clients and customers is strictly prohibited.
3. Contraindication Awareness and Safety:
Aer Healthcare acknowledges that some clients may have known contraindications for Type 2 sleep testing, particularly as related to Medicare item 12250. These contraindications may include but are not limited to individuals with severe respiratory conditions, heart conditions, or other medical conditions that could be exacerbated by the testing procedure. Please refer to the document: Medicare Benefits Schedule - Note DN.1.17
https://www9.health.gov.au/mbs/fullDisplay.cfm?type=note&qt=NoteID&q=DN.1.17
4. Client Assessment and Consultation:
Aer Healthcare is committed to conducting thorough client assessments and consultations to identify any contraindications that could pose risks to the health and safety of clients during Type 2 sleep testing. Before recommending or proceeding with any testing, clients with known contraindications will be consulted and their medical history and condition will be carefully evaluated.
5. Informed Consent:
For clients with known contraindications, Aer Healthcare will provide detailed information about the risks associated with Type 2 sleep testing and the potential impact on their health, specifically in line with the contraindications of the individual. If testing is possible without adverse impact due to the contraindicative issues, Informed consent will be obtained from these clients after a comprehensive discussion about the potential benefits and risks of testing.
6. Alternative Testing Recommendations:
In cases where Type 2 sleep testing is contraindicated, Aer Healthcare will inform the recommending or referring professional to advise the client/customer of alternative testing options that are safer and better aligned with the client's medical condition. These recommendations will be based on professional medical judgment and the best interests of the client.
7. Training and Education:
All staff members of Aer Healthcare, including medical professionals and administrative personnel, will receive regular training and education about non-discrimination, contraindications, and how to effectively communicate with clients regarding their specific medical conditions.
8. Confidentiality and Privacy:
Aer Healthcare will ensure that all client information, including medical history and test results, are treated with the utmost confidentiality and privacy, in accordance with relevant laws and regulations.
9. Compliance and Review:
This policy will be regularly reviewed and updated to ensure its continued relevance and compliance with laws and regulations. Non-compliance with this policy may result in appropriate disciplinary actions.
10. Contact Information:
Clients or customers who have concerns or complaints related to discrimination or contraindications are encouraged to contact Aer Healthcare's designated point of contact or customer service department.
By adhering to this policy, Aer Healthcare aims to create a welcoming and inclusive environment for all clients and customers while ensuring the safety and well-being of those with known contraindications for Type 2 sleep testing, specifically in accordance with Medicare item 12250 in Australia.
For any questions and notices, please contact us at:
ODL Sleep Services Pty Ltd 75 606 310 196
Email: info@aerhealthcare.com.au
Last update: 01/30/2019