Warranties & Disclaimer
WARRANTIES AND DISCLAIMERS
Akervall Technologies Inc. (“ATI”) warrants that there are no defects in the materials or workmanship of a genuine SISU® Mouth Guard that cause damage or injury to the sound, natural teeth that are actually covered by SISU® Mouth Guard, when properly used in a supervised athletic contest or coach-supervised training session, in strict compliance with all instructions provided by ATI. This warranty shall extend for a period of one (1) year from the date of purchase.
ATI’s obligations in the event of a breach of this warranty shall be limited to the lesser of: (1) the actual dental expense incurred by the user; or (2) $1,094 per injured or replaced tooth, up to a maximum liability of $35,000 per incident. For clarification, this warranty only covers injured or replaced teeth that were actually covered by a genuine SISU® Mouth Guard at the time of the applicable incident, and does not cover teeth with previous conditions, defects, dental work, injuries, or any issues that may weaken the teeth. ATI’s obligations here under shall be reduced by the amount of any insurance that the user receives or may claim for the damage or injury. This warranty does not provide payment or indemnity for orthodontic treatments or preparation of a tooth to be used as an anchor for a bridge. The foregoing shall be ATI’s sole and exclusive remedy associated with a breach of this warranty.
ATI shall have no responsibility or liability hereunder unless: (1) the mouth guard was unaltered and fitted by the claimant in strict accordance with the printed instructions accompanying this warranty. Proper fitting is essential. Perforations should not be stretched or enlarged. (2) a complete written notice of the injury or damage is received by ATI within thirty (30) days after the occurrence of the injury or damage, (3) the notice of injury is substantiated by a statement of a licensed dentist providing necessary dental treatment within thirty (30) days after the date of injury or damage, including a certification that the affected tooth or teeth would have been covered by the SISU® Mouth Guard if properly used, and a statement of a participating game official, if a supervised contest, or a supervising coach or school superintendent, if a training session, that the mouth guard unit was in proper use at the time of injury, and (4) the written notice of injury and the mouth guard unit must be returned to ATI within 30 days of the injury with proof of shipping be it certified mail or USPS Tracking. Proof of shipping is required. This warranty will not apply if the mouth guard is stretched, trimmed or otherwise altered or misused, or used outside of a supervised athletic contest or coach-supervised training session.
This warranty is the exclusive warranty given by ATI and is made in lieu of all other warranties, express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose and any implied warranty arising out of a course of a dealing, custom, usage or trade. Except as is otherwise expressly provided herein, ATI disclaims all liability for loss, injury or damage based upon negligent design or defects in materials and workmanship for the mouth guard. ATI shall not be liable for any special, indirect, incidental, exemplary, punitive or consequential damages.
This warranty does not apply to any consumable parts, such as batteries or materials that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; to cosmetic damage; or to software (even if packaged or sold with the SISU® Mouth Guard or embedded in the SISU® Mouth Guard).
ATI is not responsible for damage arising from normal wear and tear; failure to follow instructions relating to the SISU® Mouth Guard’s use; loss or theft; disassembly or alterations; accident, abuse, misuse, or other external causes; or exposure to liquids, extreme thermal conditions, or other environmental conditions.
Keep this dental warranty, disclaimer, and receipt of purchase in your records. In case of injury, mail mouthguard, receipt, accompanying statements and documents to:Claims at Akervall Technologies Inc.1512 Woodland Dr.Saline, MI 48176
– Do not try to fit the SISU® Mouth Guard over braces by yourself. We advise you to read our braces page and consult with your orthodontist first.
– Avoid situations where inhalation or swallowing of the mouth guard could occur.
– Do not stretch or enlarge the perforations in any way. This may thin out the material and decrease the strength of the mouth guard.
– Do not overheat the mouth guard (over 170°F). Protect your SISU® Mouth Guard from warm environments, such as hot dashboards in cars.
– Do not clean the mouth guard in your dishwasher or washing machine, since this could lead to deforming and weakening of the material.
– Follow the instructions regarding cleaning and storage.
– Do not disassemble or try to repair the SISU® Mouth Guard. There are no user-serviceable parts in the SISU® Mouth Guard. Disassembling a SISU® Mouth Guard will void this warranty.
– Regularly inspect the SISU® Mouth Guard for damage and immediately stop using the SISU® Mouth Guard if damage is discovered.