Terms and Conditions
All purchases from Jaguar Dental including those made via jaguardental.com are subject to the following terms and conditions. By purchasing from Jaguar Dental you accept and agree to the following terms and conditions.
All orders via JaguarDental.com are a minimum of $300 with a standard shipping fee of $19.95. Shipping costs are subject to change on larger and heavier items. All orders are shipped via UPS at your expense.
Each individual’s order is subject to review by Jaguar Dental, and may be canceled at Jaguar Dental’s sole discretion.
All prices advertised on the site are subject to change at anytime without notice.
Jaguar Dental is not responsible for any typographical errors on the site. First time credit card customers must have either: (i) matching billing and shipping addresses; or (ii) a verified shipping address. The failure to comply with this term and condition shall result in the cancellation of a customer’s order.
Credit / Return Policy
Jaguar Dental prides itself in shipping your orders quickly and accurately. On those occasions when you believe that a shipping error has occurred, or that your goods were damaged in transit, you must do one of the following:
A. Call Jaguar Dental Customer Service, 786-433-6260
B. Fax Jaguar Dental Customer Service, 786-433-6269
C. E-mail Jaguar Dental Customer Service, sales@jaguardental.com
- Short shipments or Shipments in Error: Jaguar Dental Customer Service must be notified within 15 days of the date of the invoice, in one of the manners set forth above, of all short shipments or shipments in error. No credit will be issued for shipping errors unless Jaguar Dental is notified within 15 days from the date of the invoice. Your failure to notify Jaguar Dental within 15 days of the invoice date will result in the automatic denial of your claim, and you will be liable for the full amount of the invoice.
- Damage in Transit or Concealed Damage: Jaguar Dental Customer Service must be notified within 10 days of the date of the invoice of all damage in transit or concealed damage. No credit will be issued for damage unless Jaguar Dental is notified within 10 days from the date of the invoice. Your failure to notify Jaguar Dental within 10 days of the invoice date will result in the automatic denial of your claim, and you will be liable for the full amount of the invoice.
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A. For goods shipped FOB Origin, you are responsible for filing the claim with the freight carrier, and no deductions against an Jaguar Dental invoice are permitted. Jaguar Dental’s invoice must be paid in full and it is your responsibility to pursue and collect the claim from the carrier. - B. For goods shipped FOB Destination, Jaguar Dental will file the freight claim and issue credit to your account, providing the original packaging material and damaged goods are retained for inspection by the carrier. If Jaguar Dental Customer Service is not notified within 10 days of the date of the invoice, or if the original packaging material and damaged goods are not retained by you for inspection by the carrier, Jaguar Dental will not issue credit and the invoice must be paid in full.
- No credit will be issued for pricing errors unless Jaguar Dental is notified within 15 days of the invoice date.
International Shipping Rules:
All orders will ship via International UPS. The price of shipping will be dependent on the weight, value, and destination of your merchandise. The shipping cost will be e-mailed to you within 24 business hours from the acceptance of your online order in accordance with the applicable terms and conditions set forth above.
Jaguar Dental is not responsible for, and can offer no specific advice on import fees, duties, customs, or taxes that you may be charged when your merchandise reaches you, and urges you to consult your local government import office with any questions.
Miscellaneous
Disputes:
In the event of a dispute between you and Jaguar Dental in connection with a pending transaction, you are required to comply with the terms and conditions set forth herein. If the dispute cannot be resolved within 15 business days, you may commence an arbitration proceeding before the American Arbitration Association (“AAA”) in New York, New York, subject to the AAA’s rules for arbitration of commercial disputes then in effect. All aspects of the dispute, including the interpretation and enforcement of this agreement, shall be subject to arbitration as set forth herein.
Interruption of Service:
Jaguar Dental shall take all commercially reasonable efforts to make the Site available. However, Jaguar Dental is not responsible for any damages or losses related to any system errors or interruptions affecting the Site and the processing of any online orders. You understand that the Site may be unavailable unexpectedly as a result of circumstances beyond Jaguar Dental’s control or routine maintenance. You agree not to attempt any action which may disrupt the Site, including transmitting any virus-infected files or software routines, bulk e-mail solicitations, or reverse engineering of any of Jaguar Dental’s programs or infrastructure.
Changes to Site:
Jaguar Dental reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of the Site, including, but not limited to, content, features, news and information, and product categories without notice.
Third Party Links:
The Site may contain links to other websites or resources for the convenience of customers in locating related information and services. You acknowledge and agree that Jaguar Dental is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Jaguar Dental endorses the linked site. You use the links, and rely on any information contained therein, at your own risk.
Jurisdiction:
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflicts of law provisions thereof. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of these terms and conditions, or any of the matters contemplated hereby, is waived. You further agree to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim involving Jaguar Dental.
Severability:
If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of these terms and conditions shall continue in full force and effect.
Disclaimer of Warranties:
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. JAGUAR DENTAL DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY SYSTEM INTEGRATION OR QUIET ENJOYMENT. JAGUAR DENTAL DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. JAGUAR DENTAL MAKES NO WARRANTY THAT THE LISTED MERCHANDISE OR THE SITE WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A CUSTOMER, WHETHER ORALLY OR IN WRITING, FROM JAGUAR DENTAL SHALL CREATE ANY WARRANTY BY THE COMPANY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability:
IN NO EVENT SHALL JAGUAR DENTAL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (a) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY ANY MERCHANDISE LISTED ON THE SITE; OR (b) DEFECTS IN SUCH LISTED MERCHANDISE ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY. IN ADDITION, IN NO EVENT SHALL JAGUAR DENTAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE CONTENT INCLUDING WITHOUT LIMITATION ANY MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF JAGUAR DENTAL OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The customer and Jaguar Dental agree that the limitations of liability set forth will survive and apply even if any limited remedy specified in these terms and conditions is found to have failed its essential purpose. Some jurisdictions may not allow the limitation or exclusion of incidental or consequential damages, so the above limitation may not apply to certain customers.
Waiver:
The failure of Jaguar Dental to exercise or enforce any right or provision of these terms and conditions will not be deemed a waiver of such right or provision.
Intellectual Property:
Jaguar Dental’s intellectual property ("Jaguar Dental IP") is all inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, blueprints, specifications, computer or intellectual property programs, methods of doing business, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating to the Site. Jaguar Dental IP may be created by one or more of Jaguar Dental's employee(s) alone or jointly with a customer or customers arising from the use of the Site. All right, title and interest in any Jaguar Dental IP shall belong to Jaguar Dental and shall be subject to the conditions of these terms and conditions. The customer hereby irrevocably assigns to Jaguar Dental all right, title and interest Jaguar Dental may acquire in any Jaguar Dental IP. Jaguar Dental may, at its option, file an application for intellectual property protection for Jaguar Dental IP. If any such Jaguar Dental IP is created with a customer's participation, such customer agrees to cooperate with Jaguar Dental to assure that such application(s) will cover, to the best of the customer's knowledge, all related assets, including all features of commercial interest and importance. Jaguar Dental IP is the sole and exclusive property of Jaguar Dental, unless otherwise stated and may not be used without the prior written consent of Jaguar Dental.
Trademarks:
The Site and the Jaguar Dental tradenames, domain names and logos found on the Site are trademarks or service marks of Jaguar Dental. No display or use of such marks may be made without the express written permission of Jaguar Dental.
Entire Agreement:
These terms and conditions constitute the entire agreement between the customer and Jaguar Dental, and it super-cedes any previous agreements, whether oral or in writing, between the customer and Jaguar Dental. Jaguar Dental may, at its sole discretion, remove or change any aspect of these terms and conditions. Any change to these terms and conditions will be communicated to the customers before its enforcement.
