WARRANTY: This Delta Dental-branded mouthguard (the “Product”) is manufactured, [distributed] and warranted exclusively by Dental Choice Holdings, Inc. d/b/a Game On LLC (“Game On”).
Game On warrants that the “Product is free from defects in material and workmanship which could cause damage or injury to the medically and dentally sound and healthy natural teeth of the original purchaser when fitted and used correctly according to all printed instructions in a supervised athletic contest or coach-supervised training session. This Limited Warranty and Disclaimer shall (a) extend for a period of one (1) year from the original date of purchase; and (b) only extend to the original purchaser of the enclosed Product. Game On will replace a defective or damaged Product, provided that Game On obligations under this Limited Warranty and Disclaimer shall be limited to the lesser of: (a) the actual dental expense incurred by the user; or (b) $300 per injured or replaced tooth, up to a maximum liability of $10,000 per incident.
Game On’s obligations under this warranty shall be reduced by the amount of any insurance collected or payable for the damage or injury claimed. This Limited Warranty and Disclaimer does not provide payment or indemnity for orthodontic treatments or preparation of a tooth to be used as an anchor for a bridge, and do not apply to dental expenses necessitated by a preexisting dental or orthodontic condition.
Exclusive Method for Obtaining Limited Warranty Coverage. Game On shall have no responsibility or liability hereunder unless: (a) the claimant provides a written statement to Game On that the Product was correctly fitted in accordance with all printed instructions accompanying this Limited Warranty and Disclaimer and the Product purchased by claimant; (b) a complete written notice of the injury and damage is received by Game On at the address provided herein within thirty (30) days after the occurrence of the injury or damage;
(c) the notice of injury is substantiated by a written statement of a licensed dentist who rendered treatment to the claimant providing necessary dental treatment, and a written statement of a participating game official, if a supervised contest, or a supervising coach or school superintendent, if a practice session, that the Product unit was in proper use at the time of injury; and (d) the within Product is returned to Game On with the notice of injury and the original proof of purchase.
GAME ON SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY. THIS WARRANTYIS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, CUSTOM, USAGE OR TRADE. EXCEPT AS IS OTHERWISE EXPRESSLY PROVIDED HEREIN.
GAME ON DISCLAIMS ALL LIABILITY FOR LOSS, INJURY OR DAMAGE BASED UPON NEGLIGENT DESIGN OR DEFECTS IN MATERIALS AND WORKMANSHIP FOR THE WITHIN MOUTHGUARD.
Please retain this dental warranty, disclaimer and store receipt in your records. In case of injury, submit your claim via the Game On website (www.gameonmouthguards.com) or mail the Product, store receipt, notice of injury and accompanying statements as outlined above to Game On. As a reminder, please be sure to keep copies of all documents for your records.
“Delta Dental” is a registered trademark of Delta Dental Plans Association. “Delta Dental” and the Delta Dental logo appear under license from DeltaUSA. The Product is manufactured and distributed by Dental Choice Holdings, LLC, d/b/a Game On Mouth Guards LLC.