DDS Service Agreement/Terms & Conditions
Branding
The DDS Dental Drill Solutions logo must not be used by you or any other person except if authorized to do so by DDS.
Licence to Use
DDS hereby grants the Customer a non-exclusive, royalty free license to use the Product in perpetuity provided all fees and charges due and payable under this Service Agreement are paid in full by the Customer by the due date(s). Access to the Handpiece Hub will continue from the last date of handpiece repairs from which access will be denied after a period of 24 months without contact or repairs.
​
Copyright
Unless expressly indicated to the contrary, Tronyk Pty Ltd owns the copyright in all Dental Drill Solutions Products. Except as indicated below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws, you must not copy, modify, transmit or distribute any components or Products.
Intellectual Property
The Customer, by executing this Service Agreement acknowledges unequivocally that all Intellectual Property in the Product is owned by Tronyk Pty Ltd. Nothing in the agreement will be deemed to grant the Customer any intellectual property rights in any Dental Drill Solutions product, its source code, processes and related documentation.
Repair & Maintenance Requirements
The Customer must make provisions for all handpieces set aside for repair or service to have been adequately sterilized prior to DDS handling. Handpieces must be available upon pick up either by DDS in person or by our third-party courier company to facilitate the transfer of handpieces from your location to DDS premises for assessment.
Following the return of repaired or serviced handpieces, the customer agrees to ensure its own Dental nursing follow the correct protocols for handpiece maintenance as outlined by either the handpiece Manufacturer’s instructions or those provided by DDS within the 10 Steps to handpiece maintenance guide issued upon first repairs with DDS. Should this ongoing maintenance be found not have been carried out at all or to below a minimal level for operation then DDS reserves the right to charge for additional servicing within any warranty periods still active.
The Customer must inform their staff members who sign for returned parcels that they are responsible for the item once the courier has released the goods. No losses will be covered by DDS or our designated third-party courier under these circumstances.
Hub Installation Requirement
The Customer agrees to provide computer access with either Firefox or Google Chrome internet browser service to allow the Handpiece Hub to be available. Relevant Staff with authorization should be aware of which computer it has been installed on to and be aware of the password that will have been reset upon initial access to the Hub.
​
Declined Repairs Returns Policy
If you decline the complete repair assessment or your handpiece is unrepairable and still want it returned, there will be a small return fee of $30+gst, or we can dispose of them here in our recycling facility.
Some low speed handpieces cannot be returned re-assembled, there will be an additional charge for re-assembly of $60+gst per handpiece if you request them back in one piece. This must be paid in full before the handpieces are returned. Thank you for your understanding.
Unrepaired/Unrepairable Handpieces
Where possible DDS will offer suitable replacement options to any unrepairable/uneconomical to repair handpieces. For handpieces that have been either declined for repair or are unrepairable we will try to reassemble as best as we can for their return, but there may be instances where parts will be returned separately as they are broken or cannot be suitably reassembled.
Price Review
DDS reserves the right to revise any price in this quote by giving you 30 days’ notice in writing. The frequency of any price changes will be no more than once in a calendar year.
DDS Parts and Labour Warranty
Our business is to know you and what your practice requires. We focus on providing you with the personalised service you deserve. However, DDS accepts no responsibility for any loss, damage, cost or expense incurred as a result of any error, omission or misrepresentation in this website or through its business practice.
This warranty does NOT include that of any damage incurred or from dropping, tampering, poor maintenance, wrongful use, human error or mis-handling the handpieces. Each handpiece repair or item left in our care is regarded upon as a direct contract of DDS repair services with each individual Dentist or Dental Practice. This agreement in all respects shall be governed by and construed according to the laws of the State of New South Wales, Australia, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
DDS take photos of each individual handpiece when presented for its next service or repair and openly display the image(s) on our Handpiece Hub software along with technical notes regarding the internal and external condition of the handpieces.
This information may be used as evidence to demonstrate or prove failure of equipment. The uploaded photo at the point of lodging the repair job will also confirm what parts were also sent in with the handpiece such as present/missing irrigation clips, nose attachments, identification rings or tape etc.
DDS use only quality premium parts & ceramic bearings to OEM standards. Products supplied by DDS are manufactured all over the world for replacement of the original manufactured parts. Unless stated as genuine, no implication is made that any of these products are original factory products or that any of these companies endorse any of our products.
Unless individually noted, all replacement parts are warranted for 6 months from the date of the return of the handpiece as stated on the invoice. No other written or implied warranty exists, including warranty of merchantability or warranty fitness.
If DDS happens to be unable to repair any handpiece ourselves then we may attempt to sub-contract DDS repair services to other sources, alternatively we will inform the client that we are unable to help repair the item at this stage.
All product and service details, terms, conditions and other information are subject to change at any time without notice.
While offering a great service we make no claim that the manufacturers mentioned within our website endorse or support our services. All logos are for the promotion of each company's products and DDS makes no claim to represent each company.
​
Payment Terms
DDS payment terms are:
-
Within 7 days of the returned handpieces .
-
If a payment plan is required DDS will outline a structure over a designated period that can be agreed upon by both parties. This plan will be based upon full non-discounted prices. An initial payment of 50% of the invoiced amount is required upon receipt of the repaired handpieces, with the remaining 50% to be broken into smaller regular payments as suggested and agreed upon.
-
Corporate Clients benefit from reduced payment rates which are within 30 days of the receipt of the repaired handpieces.
-
New handpiece or parts purchases are payable upfront to confirm the order.
-
Any exceptions to the above terms of payment are to be mutually agreed by both parties at time of order placement.
​
Bank / Credit Card Fees
DDS reserves the right to pass on all bank, credit card or merchant service fees incurred in processing payments if not conducted via Electronic Funds Transfer. Any such applicable fees will be clearly displayed on the invoice prior to the final payment being made or confirmed.
Debtors Management
DDS reserves the right to automatically suspend the use of any DDS product or service should the account for supply of product or services exceed the agreed trading terms.
Furthermore, the Customer acknowledges that if any invoice issued to the Customer remains unpaid for a period exceeding 90 (ninety) days, DDS may commence legal proceedings and reserves the right to recover any and all costs associated with the recovery of the debt from the Customer.
Freight Charges
DDS reserves the right to charge freight on all goods ordered from DDS where the products cannot be personally delivered. The freight charges will be clearly displayed on the invoice prior to the final payment being made or confirmed.
Warranty Returns Policy
Any handpiece repaired by DDS that are found to be defective or damaged in any way must be returned immediately so we can reassess under warranty terms. New handpieces or equipment sales must be returned within 7 days in full complete packaging in order to qualify for replacement provisions.
Tax
Unless stated otherwise, any products and services provided by DDS are inclusive of local goods and services taxes. DDS will display separately the relevant tax due and will deduct the tax from each payment and pay such tax to the relevant government body.
Disaster Recovery
Customer agrees to put in place and maintain appropriate backup procedures for any handpiece/equipment failure so that any disaster recovery remedies can be effective should the need arise. DDS suggests that enough handpieces/couplers/motors etc should be in circulation, with backups available and recommends a regular maintenance procedure to avoid such disaster.
Privacy
At DDS, we are dedicated to safeguarding and preserving your privacy in accordance with the Australian Privacy Act 1988 (Privacy Act). We are bound by the Privacy Act and the national privacy principles contained in the Privacy Act. The DDS Data Privacy Policy is provided to make you aware of how we collect, use and manage personal information. For further details please review the full DDS Data Privacy Policy. www.dentaldrillsolutions.com.au/privacy
Data Transmissions
DDS reserves the right to collect and process all data generated from the Customer during their use of DDS Repairs & Equipment Services and transmit this data to authorised third parties, namely those freight carriers engaged by the DDS to collect or deliver their handpiece repairs. Dental Drill Solutions does not sell personal information to other companies.
Collection, Use and Disclosure of Personal Information
Personal information is generally defined as information or an opinion that can identify a person. The type of personal information that DDS collects from its customers will vary.
DDS policy is only to use or disclose personal information for the purpose which was either specified or reasonably apparent at the time when the information was collected. DDS may also use or disclose the information collected for any other related purpose for which a customer would reasonably expect it to be used. If DDS wishes to use or disclose the personal information in other circumstances it would obtain the customer's consent to do so.
Accuracy of Information
The Customer expressly acknowledges and agrees that it has relied upon its own due diligence efforts to ascertain that the Productor Service is suitable for its purpose and has not relied solely on representations made by DDS, its directors, employees or representatives. Regardless of this acknowledgement, the Customer agrees and accepts that DDS, its directors, employees and representatives, will not in any be liable for any loss, consequential or otherwise resulting from any representations made regarding the Product or Service’s suitability for its purpose. While offering a great service we make no claim that the manufacturers mentioned within our website endorse or support our services. All logos used on any of our marketing material are for the promotion of each company's products and DDS makes no claim to represent each company.
Indemnity
You agree to indemnify and hold DDS and its directors, employees and representatives harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Service Agreement, your violation of any laws, regulations or third party rights or your negligent act, omission or wilful misconduct.
Courier indemnity
All handpiece returns from DDS will require a signature on delivery as proof of receipt and accountability to a person within the Customers organisation.
Transit Insurance
Transit Insurance for all handpieces moving to or from a customer’s premises is the responsibility of the customer. Claims for loss or damage should be dealt with directly with the courier or through their own private business insurance. Corporates or Hospitals that are sending large numbers of handpieces at a time will require adequate insurance provision.
Incompatibility
Use of any product may adversely affect the operation of handpieces and other devices. This includes mechanical equipment such as handpieces, couplers, motors, chair lines, chair/delivery units, compressors, water supply, filters, powders, autoclaves, lubricants, cleaning products and any disposable product (such as cotton wool, paper towel, latex gloves etc.) used within the surgery.
​
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of DDS and any of its directors, employees and representatives, shall be limited to the amount actually paid by you for the Product/Service. To the maximum extent permitted by applicable law, in no event shall DDS or its Directors, employees and representatives, be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages or loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Product, third party software and/or third party equipment used with the Product, or otherwise in connection with any provision of this Service Agreement), even if DDS, its Directors, employees and representatives have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Enforceability
If any provision contained in these terms and conditions is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
Failure or Delay
No failure or delay of either party to exercise any rights or remedies under this Service Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any rights or remedies preclude any further or other exercise of the same or any other rights or remedies, nor shall any waiver of any rights or remedies with respect to any circumstances be construed as a waiver thereof with respect to any other circumstances.
Applicable Law
The provisions in this Service Agreement and any other associated agreements shall be governed by the law of New South Wales, Australia and the parties submit to the courts of New South Wales, Australia in respect of any dispute arising therefrom.
​
Definitions
“Australian Privacy Act” means the Australian Privacy Act 1988
“Customer” means the party to this agreement that is licenced by DDS to use its repair Services/Equipment sales
“Service Agreement” Means this agreement
“DDS” means Tronyk Pty Ltd T/A Dental Drill Solutions
“Intellectual Property” means trade secrets and confidential business information (including ideas, research and development, know-how, formulas, compositions, manufacturing and production processes and techniques, technical data, designs, drawings, specifications, domain names, social media identifications and tags including copies and tangible embodiments of the foregoing (in whatever form or medium)
“Product” means the Dental Equipment products marketed for sale by DDS which includes but is not limited to:
- Handpieces (Dental High Speeds, Low Speeds, Prophy, Surgical & Implant, Laboratory)
- Couplers
- Motors
- Scalers
- Polishing Systems
“DDS Data Privacy Policy” means the policy hosted and viewable on the DDS website. www.dentaldrillsolutions.com.au/privacy