Please Note that the services offered are subject to the following terms and conditions:
1. There are three packages, as below:
- Ultra- For minor cases (upto 3-5 months of treatment duration).
- Non-Complex- For moderate cases (upto 6-10 months of treatment duration).
- Complex- For severe cases (more than 10 months of treatment duration).
2. Aligners treatment depends upon the following
- Treatment planning of the Doctor
- Compliance of the patient. The patient needs to wear the aligners for 20-22 hours/day for optimal results. Failing to do so will lead to inadequate results or ill-fitting as the teeth won’t be moving as planned by the software
- The Company’s role is limited only to fabricate the appliance as per the details of specifications provided by the Doctor. Appliances are fabricated on the basis of aligners biomechanics & tooth movements from the clear aligner therapy (response of which may vary from patient to patient). Under no circumstances the Company shall be liable towards the end-user i.e. the patient
3. The 3D video provided is a simulation & treatment results may vary. The actual treatment plan is determined by the treating doctor. Orthodontic Solutions/ ODS Aligners is just the manufacturer/provider of the appliances which are fabricated as per the instructions/request received (in written or orally) from the treating doctor at the time of case submission. The company takes no responsibility of direct patient follow-up.
4. Each aligner is to be worn for a period of 2 weeks (unless otherwise specified in writing by the company). The doctor should inform the patient that wearing the aligner for a longer duration would lead to unwanted movements as the plastic loses its rigidity after 2 weeks and even though the aligner may fit still teeth may relapse. Wearing aligners for lesser duration may also lead to unwanted movements. Under such circumstances, the case will go for rebooting and be charged accordingly.
5. Clear Aligners are Orthodontic Appliances. The company recommends that orthodontists be involved in the planning and follow-ups of the case for better results
6. In the event inadequate results due to misjudgment, wrong specifications, non-performance of IPR, wrong placement of attachments or any other iatrogenic errors by the Doctor or by the patient, rebooting or mid-course correction shall be charged extra each time in addition to the original Price. Inadequate results due to the above-mentioned reasons will not be covered in refinements and shall be charged as rebooting, separately. The Company will cover-up only for the manufacturing errors if any.
7. Replacement due to loss or breakage of each aligner will be charged additionally.
8. Aligners are customized appliances and hence fabrication of refinement/new batch/reboot phase/replacement aligner will take a minimum of 21 days subject to force-majeure conditions.
9. For the refinement phase, both arch impressions+ images+ X-Rays will be required by the Company and the Doctor shall ensure the same for rebooting. Further, any lost or broken aligners shall be duly returned or compensated by the Doctor.
10. All shipments are restricted only in the territory of India. The company takes no responsibility for shipments outside India
11. Treatment simulation is just an animated representation of the corrections as required by the Doctor. The results shown in the treatment simulation may require the use of orthodontic braces & other auxiliaries in addition to clear aligners for desired results.
12. All -fitting appliances due to faulty impressions will not be the responsibility of Orthodontic solutions. If the client is not sure about his or her impressions given for the case, he/she can request for a trial aligner (which is provided only once upon request). Re-fabrication due to faulty impressions will be charged additionally
13. One treatment simulation video is included in the package. In case the patient doesn’t proceed with the case then INR 10,000/- will be charged for the same to the concerned Doctor. More than one treatment simulation (with altered treatment plan) will be charged @ INR 10,000/- in addition to the package amounts quoted above.
14. Doctor need to share the latest/ fresh impression within 15 days after the last set is worn by the patient to avoid rebooting charges. Rebooting charges are INR 1800/arch.
15. The Doctor will inform the company immediately about any issues as reported. The Company may ask for the appliances to be returned along with fresh impressions and images for assessment to be done which shall be duly complied by the Doctor
16. The Doctor has to confirm the date of actual delivery to Patient of appliance received from the Company. Any issues arising due to late delivery of the appliance will not be the responsibility of ODS Aligners or Orthodontic Solutions(P) Ltd i.e. the Company.
17. The Doctor should report about refinement aligners within 15 days from the day the patient has completed his/her last aligners. Refinement in some complex cases may need accessories like buttons & elastics, micro implants or in few instances, even braces which shall be arranged by the Doctor.
18. Treatment simulation is just an animated representation of the corrections a dentist/Orthodontist has requested and final the treatment outcome is dependent on details provided by the Doctor only and it shall not be construed as the liability or responsibility of the Company
19. The Doctor will inform the Company immediately about any issues as reported. The Company may ask for the appliances to be returned along with fresh impressions and images for assessment to be done which shall be duly complied by the Doctor.
20. In case of faulty impressions, repeat impressions will be charged additionally.
21.Timely and Complete Payments as per the Invoices between the Company and the Doctor is the essence of Delivery as well as Services to be provided by the Company. In case of any delay in Payments, the Company shall be fully entitled to recover the same at the sole risk and cost of the Doctor or the Client.
22. If a case is kept on hold or requested for cancellation after a treatment plan simulation is uploaded, Treatment plan charges @ INR 10,000+GST is payable to the Company.
23. If a case is put on hold or requested for cancellation after pickup of impressions, courier charges are to be paid @ INR 500+GST
24. If a case is put on hold or requested for cancellation after starter aligners are shipped, charges are to be paid @ INR 1500+GST.
25. The Doctor should ensure that the patient is not allergic to any of the ingredients of the appliances or should not have parafunctional habits before placing the order. However due to any of the above reasons, if the appliances are damaged, Company will change the material and do the refabrication after payment of additional charges as applicable.
26. Any misrepresentation, non- disclosure or withholding of material facts by the Doctor will absolve the Company from all legal or any other consequences.
Note: For complex cases, the client can opt for taking the case in batches for better control, free rebooting and avoiding any re-fabrication charges. Opting for batches is clients call and this doesn’t mean ODS will accept payment in parts.
Refinement- Phase to correct the minor correction left after the initial phase of aligner therapy.
Requirements for refinement:
1. Impressions (PVS with the light body)/scans.
2. Intraoral images of the patient.
3. Requirements for refinement.
1. Kindly report within 15 days of last day of the last aligner.
2. Case reporting post 3 months shall be considered as a new case.
3. Timelines are calculated from the date of shipment (we request any delay in the delivery of aligner, kindly be updated to avoid any undue charges).
Reboot– Retreatment of the case due to non-compliance from the patient or iatrogenic errors made by the clinician.
General Terms and Conditions of ODS Aligners
(To be applied in business transactions with dental practitioners and entrepreneurs)
- 1 Application of the terms and conditions
(1) ODS Aligners (hereinafter called “ODS Aligners”) develops and offers appliances and services which support dentists with respect to their diagnosis, as well as planning and carrying out orthodontic treatment. For these purposes, we provide a software supported, copyright protected system (hereinafter: ODS Aligners software), for supporting the planning and treatment of malocclusion and/or tooth malpositions. A case assessment together with relevant treatment appliances is a part of these services.
(2) All offers, deliveries and services by ODS Aligners with respect to dentists will be exclusively performed on the basis of these general terms and conditions. These also apply to all future business relationships, even if they are not expressively agreed again. At the time of using any services or accepting any products, at the latest, these terms and conditions are deemed as having been accepted. Any counter conﬁrmations of the dentist with reference to his own general terms and conditions are herewith discounted.
(3) All agreements deviating from the general terms and conditions, all assurances and quality guarantees between ODS Aligners and the dentist have to be made in writing.
- 2 Description of ODS Aligners appliances and services
(1) Case assessment
A case assessment is a free of charge online service for ODS Aligners clients, which these can access via the ODS Aligners homepage. It serves as an aid for answering any questions regarding ODS Aligners software or ODS Aligners appliances and for determining the correct ODS Aligners appliances. The dentist can electronically describe the treatment target and ODS Aligners’ reply will provide him with the best possible utilization of ODS Aligners services and appliances.
(2) Treatment planning, ODS Aligners software
Regarding any further consultation, ODS Aligners will provide through specialist dentists for orthodontics treatment plan services as well as online supported access to ODS Aligners software against costs.
(3) ODS Aligners appliances
ODS Aligners appliances are orthodontic treatment equipment which has been individually produced by the ODS Aligners master laboratory in India. In order to produce this equipment, ODS Aligners is exclusively using materials which are approved of in India.
- 3 Data protection, data transfer
The transfer and processing of personal and health related data to respectively by ODS Aligners as well as storing this data by a third party at the request of ODS Aligners requires the effective agreement of affected patients. Before any data is transferred, the dentist has to submit this agreement in writing to ODS Aligners.
- 4 Certiﬁcation, responsibility and guarantee of the dentist
(1) ODS Aligners only certiﬁes dentists with respect to the use of ODS Aligners appliances and services. Any required conditions for a certiﬁcation are available on the homepage of ODS Aligners.
(2) Any decisions regarding ﬁndings, diagnosis, planning and treatment of patients have to be taken by the dentist independently and with full responsibility on the basis of having informed the patient extensively and completely. The responsibility of the dentist with regard to the orthodontic treatment expressively also includes the revision, assessment, modiﬁcation and conﬁrmation of the ODS Aligners proposal within the scope of the treatment plan. It is the sole responsibility of the dentist to implement any recommendations of ODS Aligners or to decide whether the use of ODS Aligners appliances and services is suitable for a certain purpose or to achieve a certain result with respect to a certain patient.
(3) The dentist guarantees that he is licensed to practice as a dentist at the time of using any ODS Aligners services and appliances. With regard to treating patients, who are compulsory medically insured by law, the dentist has to make sure that he is licensed to participate in contractually agreed dental care. He is obliged to observe all regulations concerning professional matters and ethics and all regulations concerning contractual dentists.
(4) The dentist is not permitted to use any ODS Aligners appliances or services if the dental approbation or – in case of legally insured patients – the contractual dental licence has ended, been suspended or withdrawn resp. revoked. The dentist has to ensure that the use of ODS Aligners appliances and services corresponds to the state of dental medical knowledge as well as to the generally recognized industrial standard and that he will follow all product and service regulations and recommendations by ODS Aligners. The dentist has to release ODS Aligners from all liability which is based on the incorrect use of ODS Aligners appliances and services or incomplete resp. wrong information.
(5) The dentist is obliged to inform himself regularly on the ODS Aligners website about any amendments to the prices or general terms and conditions for ODS Aligners appliances and services.
- 5 General risks
Any possible risks with regard to a treatment with ODS Aligners appliances do not distinguish themselves from other treatment appliances/equipment used in orthodontics. ODS Aligners recommends orthodontic treatment for periodontal and dentally stable patients. Using ODS Aligners appliances and services might result in some of the risks mentioned hereafter. However, many of these risks do also exist without any orthodontic treatment. As far as this is required in individual cases, the dentist is obliged to inform his patients among others, but not conclusively, about the following risks.
A lack of compliance resp. anatomic abnormalities such as unusually shaped teeth may prolong the duration of the treatment and affect the quality of the end result or the possibility of achieving the desired result. A certain sensitiveness has to be expected following the ﬁtting of orthodontic appliances. Gums, checks and lips may be slightly grazed or irritated. Teeth might shift after the treatment. Regular wearing of retention appliances following the completion of the orthodontic treatment can reduce this tendency. Caries, periodontal complaints, inﬂammation of the gums or visible spots at the teeth (e.g. decalciﬁcation) may occur if orthodontic patients consume sugar containing food or do not clean their teeth thoroughly or if their mouth hygiene is not sufﬁcient. These appliances may temporarily affect a patient’s speech. The use of these appliances might result in temporarily increased salivation or a dry mouth. Certain medical drugs may increase this effect. It may be necessary to reduce the enamel of some teeth to create more space for tooth movements. General medical conditions and medications may also have an effect on orthodontic treatments. The health of the bones and the gums, which support the teeth, may be affected. Oral surgical treatment might be necessary to correct a narrow base or serious jaw anomalies. Should such surgical intervention be necessary both anaesthetics and risks with respect to the healing process must be taken into account. A previously traumatised or extensively reconstructed tooth might be damaged by orthodontic treatment. In rare cases this might require additional dental treatment (e.g. endodontic resp. further restoring measures). Existing tooth constructions (e.g. crowns) might loosen and may have to be recemented or in some cases even renewed. Short clinical crowns may result in retention problems and the orthodontic appliance might hinder the movement of the tooth. Orthodontic appliances may break. Orthodontic appliances may be accidentally swallowed or breathed in. This risk is increased if any appliances are either shortened or modiﬁed by the dentist. In rare cases there might also be problems in the jaw joint, which might cause joint aches, headaches resp. ear complaints. Allergic reactions may occur. In order to avoid supraeruption, all teeth should be covered at least partially.
- 6 Offer and conclusion of contract
(1) All offers by ODS Aligners are subject to conﬁrmation and non-binding. In order to be legally effective, all acceptance declarations and orders have to be conﬁrmed by ODS Aligners in writing or by fax.
(2) If the enquiry/order/case submission of the dentist qualiﬁes as an offer , ODS Aligners may accept the offer within a week from submission. The dentist is then bound to the offer.
(3) ODS Aligners reserves the right to refuse the conclusion of a contract with respect to a dentist who has not been certiﬁed at the time of the offer.
(4) Employees, representatives and vicarious agents of ODS Aligners are not entitled to make any additional agreements or to give verbal assurances, which go beyond the content of the written contract.
- 7 Prices
(1) All prices stated in the pricelists of ODS Aligners or in other documents are non-binding. Exclusively authoritative are those prices which have been stated in ODS Aligners’ order conﬁrmation, plus the currently valid turnover tax, postage, package and delivery costs, if applicable. Any additional deliveries and services will be charged separately.
(2) ODS Aligners is entitled to select the most cost-effective delivery option with regard to package, postage and delivery costs.
- 8 Delivery, delivery and performance period
(1) The delivery of all ODS Aligners appliances is carried out free carrier place of delivery Noida at the expense and risk of the dentist, using the most cost effective delivery option at ODS Aligners’ choice. In case of special requests on behalf of the dentist any additional costs will be charged separately.
(2) Delivery dates or deadlines are only then binding if they have been expressively and in writing stated as being binding in the order conﬁrmation.
(3) Any delays with respect to deliveries or services due to Acts of God or because of events which not only temporarily signiﬁcantly hinder or render the production or delivery of any ordered appliances by ODS Aligners impossible – these include in particular strike, lockout, ofﬁcial orders – do not have to be justiﬁed by ODS Aligners; this also applies to deadlines and dates for which a binding agreement exists. They entitle ODS Aligners to postpone the delivery resp. service for the duration of the interruption plus an appropriate start-up time or to completely or partly cancel the contract with respect to the part which has not yet been fulﬁlled.
(4) If the duration of the interruption exceeds 4 weeks, the dentist – after having set an appropriate grace period – is entitled to cancel the contract with regard to the not yet fulﬁlled part of it. The dentist may not claim for compensation if the delivery time is extended or if ODS Aligners has been released from her obligation. ODS Aligners may only then refer to the mentioned circumstances if he has informed the dentist without delay.
(5) ODS Aligners is entitled to provide part deliveries or part services at any time, unless the dentist is not interested in receiving part deliveries or part services.
(6) The adherence of ODS Aligners to delivery and service obligations requires the punctual and correct fulﬁlment of any obligations of the dentist. Any incomplete submission of the required documents may lead to delays.
(7) If there is a default of acceptance on behalf of the dentist, ODS Aligners will be entitled to claim compensation with respect to the damage she incurred; in the event of a default of acceptance the risk of accidental deterioration or the accidental decay of any ODS Aligners appliances will be transferred to the dentist.
- 9 Risk transfer
The risk is transferred to the dentist as soon as the goods have been duly handed over to the company or person who is in charge of their transport or if they have left the warehouse of ODS Aligners for the purpose of being dispatched. If the delivery is delayed at the dentist’s request, the risk will be transferred to him as soon as ODS Aligners has notiﬁed him of the readiness for delivery.
- 10 Material defect claims
(1) ODS Aligners guarantees that all ODS Aligners appliances have been delivered free of any material and production defects and that they are in the condition which has been contractually agreed. The period for asserting any defect claims is one week from delivery of the goods.
(2) The dentist is obliged to examine any delivered ODS Aligners appliances immediately after receipt for any defects. Should any defects arise during the careful examination, the dentist is obliged, to inform ODS Aligners immediately in writing, however, within a week after receiving the goods at the latest. ODS Aligners has to be notiﬁed in writing of any defects, which cannot be detected within this period, even during a thorough examination, immediately after their discovery, however, within a week after their discovery at the latest.
(3) At the choice of ODS Aligners, the liability for defect claims will be limited to taking any defect appliances back, which are then exchanged for new appliances or to repairing any defect items. The dentist is only entitled to withdraw from or reduce the contract if no replacement for the defect goods has been provided within 4 weeks following the correct notiﬁcation of the defect.
(4) Any material defect claims against ODS Aligners are only due to the dentist and cannot be assigned to a third party.
(5) The liability for insufﬁcient services is limited to the renewed sufﬁcient rendering of the service.
- 11 Payment
(1) An invoice made out by ODS Aligners has to be paid within 30 days of the invoice date without deducting a discount. Any other payment terms may be agreed in writing.
(2) ODS Aligners accepts cash, bank transfer, direct debit and cash on delivery as payment options. In case of new clients, ODS Aligners has the right to limit the accepted payment options prior to accepting the order. ODS Aligners does not accept any payments of patients or cost units including payments which have been forwarded by a dentist or cost unit on behalf of a patient.
(3) ODS Aligners is entitled – even in case of contrary stipulations by the dentist – to add payments initially to older debts of the dentist, and will inform the dentist about the type of settlements carried out. In the event that extra expenses and interest have already incurred, ODS Aligners is entitled to offset any payments ﬁrst against the extra expenses, then against the interest and ﬁnally against the main amount.
(4) A payment is only then deemed as having been made when ODS Aligners is in a position to dispose of the amount.
(5) If the dentist is in arrears with payments, ODS Aligners is entitled to request from the dentist interest rates of 8 percentage points above the basis interest rate as ﬂat rate compensation. These interest rates have to be lower, if the dentist is able to prove a lower charge. ODS Aligners may substantiate the existence of higher damage.
(6) Any offsets and assertion of retention rights are only then admissible if the counter claim of the dentist has been established without dispute and absolute.
- 12 Claim for compensation with respect to cancelling an order
In the event that an order for ODS Aligners appliances is cancelled after the dentist has conﬁrmed the order, the full amount of laboratory expenses will be due as ﬂat rate compensation. The dentist may prove that ODS Aligners has not suffered any resp. smaller damage than the requested ﬂat rate.
- 13 Liability of ODS Aligners
(1) In case of intention or gross negligence, ODS Aligners will be liable in accordance with legal regulations.
(2) Otherwise ODS Aligners is only liable in accordance with the Product Liability Law with respect to injuring life, body or heath or because of the culpable infringement of signiﬁcant contractual obligations. However, the claim for compensation for the infringement of signiﬁcant contractual obligations is limited to contractually typical and foreseeable damages. The liability of ODS Aligners is also limited to contractually typical and foreseeable damages in case of gross negligence, if none of the exceptions listed in paragraph 2.1 exists.
(3) Claims for lost earnings, saved expenses, for compensation claims of third parties as well as other indirect and subsequent damages cannot be requested unless a characteristic condition guaranteed by ODS Aligners has the purpose of safeguarding the dentists against any such damages.
(4) As far as the liability of ODS Aligners is excluded or limited, this will also apply to employees, members of staff, representatives and vicarious agents of ODS Aligners.
- 14 Documents
(1) Any documents submitted to ODS Aligners become the property of ODS Aligners. They will not be returned to the dentist. The dentist is obliged in accordance with his professional and contractual dental documentation obligation to keep copies of these documents and maintain them during the legally prescribed periods. ODS Aligners does not assume liability for any documents or data which is lost during transfer or processing. In this case the dentist is obliged to resubmit all relevant documents and data to ODS Aligners as far as they are required for the correct processing of the order.
(2) Any documents submitted by the dentists, which are directly involved in the production process, such as prints, will be examined by ODS Aligners and may be regarded as not being suitable. If they have been assessed as not being suitable, the dentist has to provide replacement documents, as far as they are required for the correct processing of the order.
(3) Physical documents such as prints or study models will only be maintained by ODS Aligners during the period for which they are required to duly fulﬁl the contractual relationship. At the discretion of ODS Aligners they will be either destroyed or archived at a later date. ODS Aligners may internally use documents, including but not limited to prints, X-Rays, photographies, ﬁlms, study models etc. for orthodontic/dental medical consultations, training and research purposes, and publications in specialist magazines or for professional accompanying materials internally, provided the patient has agreed to this in writing or the relevant data and documents are made anonymous.
- 14 Applicable law, place of jurisdiction, severability
(1) The law of the Republic of India applies to these terms and conditions as well as to the entire legal relationship between ODS Aligners and the dentist.
(2) The place of jurisdiction is NOIDA. In case of several places of jurisdiction ODS Aligners has a right to choose.
(3) Should any provision of this agreement be or become ineffective, the legal validity of the remaining contractual provisions will not be affected. Provided that provisions are not part of the contract or ineffective, the content of this agreement will follow the appropriate legal stipulations.