Terms and Conditions

Terms and Conditions of Sale

Our commitment is to continually improve and enhance our products and their performance. TPO reserves the right to discontinue or modify the design of any product without prior notice.

Conditions

All prices are subject to change without notice. Prices are in effect on the day order is received.

TPO reserves the right to improve, modify or discontinue products and services at any time without incurring obligation. All products and services are guaranteed to be of the highest quality of materials and workmanship. TPO’s sole responsibility in the event of any claimed defect is limited to the replacement of the material or credit of the purchase price. TPO will not be responsible for other claims for incidental and consequential damages.

TPO customers in Europe are required to place a minimum order of £25/Euros before tax and shipping fees are applied.

Shipping Information

TPO reserves the right to ship orders using the most expeditious and cost-effective means available.

An invoice or packing slip will accompany each shipment. When packing slips are enclosed, an invoice will follow several days later. Invoices will reflect price of each item, applicable discounts, prepaid shipping charges and sales tax, if applicable. Shipments should be checked immediately upon receipt, and discrepancies called to the attention of TPO within 10 days for adjustment. On shipments to countries with limited insurance, TPO is not responsible for damaged or lost goods beyond the insurable limit.

TPO reserves the right to add a surcharge on special request orders.

Returns for Credit

Please note revised return policy: Within 30 days after purchase, the customer may return any standard catalog product for full credit (except as noted below) which is not satisfactory, under the following conditions:

  1. Material returned should be forwarded postage paid and insured for full value to the TPO office serving your area. TPO is not responsible for uninsured items lost or damaged during shipment.
  2. In the United States and Canada, call TPO customer service to receive a Return Goods Authorization Number before returning product.
  3. Returns should be accompanied by the packing slip or invoice and a note stating reason for return to assure prompt and correct issuance of credit or adjustment.
  4. Material should be unused and in a new and resalable condition. Broken or opened packages of standard stock items will not be accepted for credit.
  5. The amount of credit granted will be based upon the price of the materials at time of purchase. At TPO’s option, all returns are subject to a 30% restocking charge.
  6. Custom produced products, such as preformed bands with special combinations or positioning of prewelded attachments, will not be accepted for credit. Laboratory services which are unsatisfactory will be reworked at no charge or adjusted on an individual basis.

After 30 days, no credit will be issued. An exchange for an alternate product of equal or greater value must be made. After 90 days TPO will offer no credit or exchange. All credits and returns are subject to the discretion of TPO. TPO Account Executives are not authorized to approve or pick up merchandise being returned for credit or exchange.

Limitations of Warranties

TP Orthodontics, Inc. warrants that its products are free from defects in materials and workmanship. TP’s liability and the customer’s sole remedy in the event of any claimed defect shall be limited to replacement of the product, or at TP’s discretion, refund of the purchase price. This warranty is in lieu of any other warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or otherwise, and of any other obligations or liability on TP’s part. Other than the warranties listed above, under no circumstances will TP be liable for any loss, damages arising in connection with use, or inability to use, TP’s products.

TP Orthodontics, Inc. is headquartered in La Porte, Indiana, USA. All legal issues arising from or related to the use of the TP’s web site shall be construed in accordance with and determined by the laws of the State of Indiana. By use of this website, you agree to submit to the exclusive jurisdiction of the State of Indiana, USA.

If for any reason you are dissatisfied with any of the materials or contents of TP’s web site or these Terms and Conditions, TP’s Privacy Policy, or other policies, your sole remedy is to discontinue use of WWW.TPORTHO.COM.

IN NO EVENT SHALL TP ORTHODONTICS, INC. OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING TP ORTHODONTICS’ OWN NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.

Lastly, TP Orthodontics, Inc. does not warrant that WWW.TPORTHO.COM will operate error-free or that this web site or its server is free of computer mishaps. If your use of the website or the material results in the need for servicing or replacing equipment or data, TP Orthodontics, Inc. is not responsible for those costs.

Conformity

TPO manufactures medical devices in compliance to the FDA, ISO 9001: 2000, ISO 13485: 2003, CMDCAS and to the requirements of CE marking. TPO declares conformity with the provisions and all relevant essential requirements of the Medical Device Directive 93/42/EEC, concerning medical devices. These devices will carry the CE mark or the CE 0473, effective March 2001.

Customers from the European Union should place orders for custom-made Laboratory Services from a licensee laboratory located in Europe. Addresses for licensees are listed in the Laboratory Services section.

TPO is a member of the Orthodontic Manufacturers Association (OMA).

Patents and Trademarks

TPO Products are manufactured and/or sold under one or more of the following US and foreign patents and trademarks at the time of publication.

Patents:

US 5,017,132 US 5,057,012 US 5,098,288 US 5,133,659 US 5,263,859
US 5,306,142 US 5,415,542 US 5,620,321 US 5,624,258 US 5,727,941
US 5,873,716 US 5,911,575 US 6,132,209 US 6,135,767 US 6,203,317
US 6,217,324 US 6,682,345 US 6,685,468 US 6,746,242 US 6,749,426
US 6,786,720 US 6,834,761 US 7,025,591 US 7,131,836 US 7,469,783
US D433,138 US D478,172
Britain 0455500 Britain 1174107 China 03806949.0 China 03822189.6 EPO 1174107
EPO 1300118 EPO 1352617 EPO 1539017 Europe 1204383 France 0455500
France 1174107 Germany DE 69105235.2 Germany 1204383 Germany 19819908.2 Germany 60113016.2
Germany 60230473.3 Germany 60315212.0 Germany 60327861.2 Italy 20395BE/95 Italy 1174107
Italy 1204383 Italy 1539017 Japan 3,334,940 Japan 296,537 Mexico 210917
Mexico 253037 Mexico 265725 Spain 2327828T3

Other US and international patents pending.

Trademarks:

Advant-Edge, Bio-Arch, Bond-A-Splint, Bow-Flex, Bump-R-Sleeve, Co-Ax, Col-R-Lastics, Convenience-Pak, CrossLink, crystal-Flex, Dentaloy, Differential Straight-Arch, E-Links, Easy-Out, Extend-O, Flip-Lock, Free-N-Easy, GripTite, High Hat, InVu, Lig-A-Rings, Lo-Rider, Metafasix, MXi, Norm-O, Nu-Edge, NV, Originator, Orthoscape, Outrigger, Pastel Palates, Perfector, PLUS, Position-ette, Pre-Finisher, Pre-Fit, PrimeKote, Readi-Base, Reflex, Right-On, SAL, Sep-A-Rings, Solay, Spring-Pin, Stickyring,
Straight-Edge, Straight Shooter, Super Slick, The difference is more than cosmetic, TiMolium, Tip-Edge, Tip-Edge PLUS, Tongue-Away, TP Orthodontics, Tru-Force, Turbo Bond, Twin-Edge, Varsity Guard, Zing String, Zing-O.