LIMITED WARRANTY
Subject to the user’s compliance with requirements listed in this warranty, 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 strict compliance with all instructions provided by ATI. This warranty shall extend for a period of one (1) year from the date of purchase.
If, prior to the date of injury, the user has registered the genuine SISU® Mouth Guard at https://www.sisuguard.com/registration/, then 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) $1,563 per injured natural tooth, up to a maximum liability of $50,000 per incident. This registration requires the user to include the lot number found in the original packaging. If the user has not registered the genuine SISU® Mouth Guard as described above, 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 natural tooth, up to a maximum liability of $35,000 per incident.
For clarification, this warranty only covers natural teeth that were actually covered by a genuine SISU Mouth Guard at the time of the applicable incident, and does not cover (1) teeth with previous conditions, defects, dental work, injuries, or any issues that may weaken the teeth, or (2) cosmetic damage. ATI’s obligations hereunder 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 the user’s sole and exclusive remedy associated with a breach of this warranty.
ATI shall have no responsibility or liability under this warranty unless:
(1) The mouth guard was unaltered and fitted by the user in strict accordance with the printed instructions accompanying this warranty. Proper fitting is essential. Perforations may 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 official, if a training session, that the mouth guard unit was in proper use at the time of injury.
(4) The mouth guard unit is returned to ATI unaltered from injury occurrence, along with the written notice of injury.
(5) A copy of the original purchase receipt is required to file a claim as proof of purchase date. 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 gives you specific legal rights, and you may also have other rights which vary from State to State.
(6) You maintain open, prompt and consistent prompt communications with ATI once you have initiated a claim. If ATI does not receive a response from you within thirty (30) days of any ATI communication requesting or requiring a response, your case will be automatically closed, and ATI is under no obligation to re-open it.
DISCLAIMERS
This warranty is the exclusive warranty given by ATI and is made in lieu of all other warranties, express or implied, except as set forth in the following sentence. 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 is limited in duration for a period of one (1) year from the date of purchase. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
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 within mouth guard. ATI shall not be liable for any special, indirect, incidental, exemplary, punitive or consequential damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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
Governing Law and Jurisdiction
These Terms and Conditions, warranties and any separate agreements pertaining to Akervall Technologies products or services shall be governed by and construed in accordance with the laws of the State of Michigan, United States. Any disputes arising out of or related to these Terms and Conditions, or the use of this website or our products and services, shall be exclusively brought in the state or federal courts located in Washtenaw County, Michigan, USA. By using this website, you consent to the personal jurisdiction and venue of these courts.
WARNINGS
– 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.
Please be aware that online commerce provides an opportunity for the sale of counterfeit products. To help prevent fraud, save the packaging until after you have registered your guard. Furthermore, please be advised that the only authorized seller on Amazon USA is Amazon.com, Inc. All other sellers (i.e. 3rd party storefronts) are strictly prohibited. The act of resale on the Amazon USA platform is not permitted, regardless of the authenticity of the product.
updated 4/22/2024