Terms & Conditions

The following Terms and Conditions Agreement (“Agreement”) constitutes a binding contract between you (“Doctor”) and Aligno, a company with its principal place of business at Pakistan (“Aligno”). By submitting a Case Submission Form or Case Revision Form to Aligno and accepting delivery of products from Aligno Aligners, Doctor agrees to be bound by and accepts these terms and conditions. Doctor and Aligno may each be referred to herein as a “Party” or collectively as the “Parties”. 

1. Case Acceptance and Payment 

Payment of lab fees is due upon case acceptance by Aligno. Cases are accepted upon receipt if: 

• The Case Submission or Revision Form is complete; 

• The records are complete; and 

• There are no special instructions that would require Doctor’s 

explanation or decision. 

When cases are accepted, the credit card on file is charged in The amount of the current price for the product, factoring in any Coupons or discount certificates included with the case submission. Cases that are not automatically accepted are not charged. Doctor will be contacted for Consultation if this occurs. 

2. Cancellation Of Case 

100% payment is due at time of case submission. By submitting a case doctor authorizes Aligno to charge the fee associated to the case procedures. If the doctor after the case submission terminates the treatment up till the digital setup. Aligno has the authority to deduct 50% of the total payment received from him in Order to cover the cost Expenditures. After the case the digital setup has been approved and Aligner manufacturing has started, Aligno Authority to deduct 100% off the payment in order to cover the cost expenditures. 

3. Shipment and Delivery 

Aligners will not be fabricated until Doctor approves the Treatment Setup. Doctor should receive the Treatment Setup for a case within 2 to 3 weeks of case submission and acceptance. The first phase of aligners will be fabricated and shipped within 2 to 3 weeks of Doctor’s approval of the Treatment Setup. Delivery dates are estimates. Aligno shall not be liable for any damages, losses or expenses incurred by Doctor if Aligno fails to meet the estimated delivery dates. Title to products shipped under this Agreement and risk of loss or damage during shipment pass from Aligno to Doctor upon delivery to the address specified by Doctor. Shipping of aligners and the records required for original case submissions within the EC is included at no additional cost in the company fee. 

4. Records 

Doctor shall not submit original records to Aligno. Records Submitted Aligno become the property of Aligno and will not be returned to Doctor. Doctor shall obtain patient’s informed consent for Doctor to provide such patient’s medical records to C!earMovesAligners as necessary for Doctor’s treatment of the patient. 

5. Doctor Representations 

Doctor represents and warrants to Aligno that: (i) Doctor is licensed to practice dentistry and/or orthodontics in the location where, and at all times during which treatment is being provided (ii) Doctor has the proper training, expertise and/or experience to perform procedures associated with and/or using Aligno clear aligner products; (iii) Doctor’s use of Aligno products will be in accordance with all applicable medical and dental Standards and used in compliance with Aligno product specifications; and (iv) Doctor has obtained an executed Informed Consent and Agreement, from each patient Doctor treats using Aligno products. 

6. Warranties and Disclaimer 

Aligno warrants that its products: (i) shall conform to the specifications provided by Doctor in the Case Submission Form and as contained in the Treatment Setup approved by the Doctor; and (ii) are free from defects in material and workmanship. Aligno shall not be liable for (i) any defects that are caused by neglect, misuse, or mistreatment of its products by any third party, (ii) for any products that have been altered or modified in any way by an individual being used or entity other than Aligno, or (iii) for any products in combination with other third party products. Moreover, Aligno shall not be liable for any defects that result from Doctor’s specifications or instructions for such products. This limited warranty expires three (3) months after shipment of the product. 

If any Aligno product fails to conform to the warranty set forth above, Aligno sole liability, at its option, shall be to: (i) repair or replace such product; or (ii) credit Doctor’s account for such product. If Aligno elects to repair or replace such product, it shall have a reasonable time to repair such products or provide replacements. Repaired products shall be warranted for the remainder of the original warranty period. Replaced products shall be warranted for a three (3) month full warranty period. 

EXCEPT AS SET FORTH ABOVE, ALIGNO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR ANY SPECIFIC PURPOSE. 

7. Limitations of Liability 

IN NO EVENT SHALL ALIGNO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE PRODUCTS PROVIDED HERE UNDER, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY WHETHER IN NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, CONTRACT, TORT, INDEMNITY OR ANY OTHER CAUSE OR THEORY WHATSOEVER. EXCLUDED DAMAGES INCLUDE LOSS OF PROFITS, LOSS OF USE ANO COSTS OF REPLACEMENT OR SUBSTITUTE PRODUCTS IN NO EVENT SHALL ALIGNO’S AGGREGATE MONETARY LIABILITY FOR DAMAGES OF ANY KlND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR ANY USE OF ANY PRODUCT PROVIDED 

HEREUNDER, EXCEED THE TOTAL AMOUNT PAID TO Aligno BY DOCTOR FOR THE PARTICULAR PRODUCTS SOLD UNDER THE AGREEMENT FOR WHICH LOSSES OR DAMAGES ARE CLAIMED. THE EXISTENCE OF MORE THAN ONE CLAIM AGAINST THE PARTICULAR PRODUCTS SOLD TO DOCTOR UNDER THIS AGREEMENT, OR THE EXISTENCE OF MORE THAN ONE AGREEMENT WITH THE DOCTOR OR THE SALES OF ADDITIONAL Products TO THE DOCTOR SHALL NOT ENLARGE OR EXTEND THIS LIMIT. 

8. Indemnification 

DOCTOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS ALIGNO AND/OR ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITY, OBLIGATIONS, LOSSES, CLAIMS, ACTIONS, DAMAGES, PENALTIES, FINES, DEMANDS OR SUITS AND ALL RELATED COSTS, ATTORNEY’S FEES AND EXPENSES OF ANY KIND AND NATURE WHATSOEVER ARISING UNDER ANY THEORY OF LEGAL LIABILITY (A “CLAIM”) THAT MAY BE ASSERTED AGAINST ALIGNO ARISING OUT OF, OR RESULTING FROM, OR RELATING TO: (I) THIS AGREEMENT OR USE OF PRODUCTS SOLD UNDER THIS AGREEMENT; (II) ANY BREACH .OF OR FAILURE OF DOCTOR TO ABIDE BY ANY TERM OF THIS AGREEMENT; (Ill) ANY BREACH OR ALLEGED BREACH OF ANY REPRESENTATIONS OR WARRANTIES MADE BY DOCTOR IN THIS AGREEMENT OR ANY INCORRECT INFORMATION PROVIDED BY DOCTOR OR DOCTOR’S PATIENT TO ALIGNO; OR (IV) ALIGNO-‘S PROVIDING OF OR FAILURE TO PROVIDE PRODUCTS TO DOCTOR, UNLESS THE PROVIDING OF OR FAILURE TO PROVIDE SUCH PRODUCTS WAS DUE TO ALIGNO’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. 

The obligation of the Doctor to defend Aligno against any claim is separate and distinct from the obligation of indemnity set forth in this Agreement. Doctor has the right and obligation to assume the defense of any Claim with counsel chosen by Doctor and reasonably acceptable to Aligno provided that counsel to Aligno may participate in the defense of the Claim with counsel for Doctor, at the expense of Aligno. Doctor will not have the right to assume the defense of a Claim made against both Aligno and Doctor if counsel for Aligno advises in writing that a conflict in interest between Aligno and Doctor would under applicable ethical principles preclude a single counsel or firm from defending both parties. 

9. Relationship of Parties 

The Parties intend by this Agreement that Doctor is and at all times Shall be an independent contractor and not the agent or employee of Aligno. Neither this Agreement nor any contract with Aligno nor any course of dealing or practice shall be Interpreted as creating, or shall be deemed to create, any employer-employee, principal-agent, partnership, joint venture or other Relationship between Doctor and Aligno. 

10. Advertising and Marketing 

Aligno reserves the right to use Doctor’s name in any advertising and marketing materials, provided that Doctor has the right to review such marketing materials before final publication or distribution. 

11. Assignment 

This Agreement shall not be assigned by either Party hereto without the prior written consent of the other Party. 

12. Successor and Assigns 

This Agreement shall be binding upon and shall inure solely to the benefit of the Parties hereto and their respective successors and shall not be for the benefit of any other person, persons, or legal entities. 

13. Entire Agreement and Amendment 

This Agreement, the Aligno Case Submission Form, and the Informed Consent & Agreement shall constitute and contain the entire agreement of the Parties and supersede any and all prior negotiations, correspondence, understandings and agreements between the Parties respecting the subject matter hereof. This Agreement may be modified only by an agreement in writing duly executed by the Parties hereto. 

14. Severability 

If any provision of this Agreement is or shall be deemed a violation of any applicable law, rule or regulation, such legal invalidity shall not void this Agreement or Effect the remaining terms and provision of this Agreement and this Agreement shall be construed and interpreted to comply with all laws, rules or regulations. 

15. Force Majeure 

Aligno cannot be in default or breach by reason of any failure of its performance under this Agreement if such failure results, whether directly or indirectly from fire, explosion, strike, freight embargo, act of God, or of war, civil disturbance, act of any government, factor any agency or official thereof, labor shortage, transportation Contingencies, severe weather, default of manufacturer or supplier, quarantine or restriction, epidemic or catastrophe, lack of timely instructions or essential information from Doctor or any other third party, or other conditions beyond the control Of Aligno. 

16. Notices 

All notices, demands, requests, approvals and other communications given or made pursuant hereto shall be in writing and shall be deemed to have been given or made as of the date delivered or mailed if delivered personally or mailed by certified mail (postage prepaid, return receipt requested), or on the date transmitted if transmitted by facsimile or electronic mail, to Doctor at the address provided by Doctor. 

17. Waiver 

The failure of either Party at any time or times to require performance of any provision hereof shall in no manner effect the right to enforce the same. No waiver by either Party of any condition, or of the breach of any term, provision, covenant or warranty contained in this Agreement, shall be deemed to be or construed as a further or continuing waiver Of any such condition or breach or a Waiver of any other condition or of the breach of any other term, provision, covenant or warranty, 

18. Governing Law 

All services, transactions and agreements and/or statements will be governed by the laws of Netherlands, or by the laws of the country or state the Doctor performs the treatments with Aligno products.