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TapouT ® Sports Mouthguard:
Item # TO-80A02
1. Exclusive Limited Warranty. C&E Sport, LLC, hereby warrants that the TapouT Mouthguard enclosed herein is free from defects in material and workmanship which could cause damage or injury to the medically and dentally sound and healthy natural teeth of the original purchaser when used correctly according to all instructions in a properly supervised athletic contest or coach-supervised training session. This Limited Warranty and Disclaimer shall extend for a period of one (1) year from the date of original retail purchase. This Limited Warranty and Disclaimer shall only extend to the original purchaser of the TapouT Mouthguard enclosed herein. This Limited Warranty and Disclaimer is the exclusive remedy. C&E Sport, LLC's, obligations under this Limited Warranty and Disclaimer shall be limited to the lesser of: (a) the actual dental expenses incurred by the original purchaser; or (b) $937.50 per injured or replaced tooth, up to a maximum total liability of $30,000 per incident. Dental or tooth injuries that occur during the same athletic contest or coach-supervised training session shall be deemed to be one incident, regardless of the number of rounds, practices, breaks, contests, and/or fights that occur during such athletic contest or training session and regardless of whether the damages or injuries are separated in time or occur or are the result of one or more rounds, contests, and/or fights involving one or more partner(s) or opponent(s) and/or the same or different partner(s) or opponent(s). C&E Sport, LLC's, obligations under this Limited Warranty and Disclaimer shall be reduced by the amount of any insurance that is or may be collected, available, or payable for the damage, injury, or liability claimed, regardless of the source of such insurance. C&E Sport, LLC may require the person making the warranty claim to assign any insurance policies, claims, payments, or proceeds to C&E Sport, LLC, as a condition of payment under this Limited Warranty and Disclaimer. C&E Sport, LLC may require the person making the warranty claim to grant C&E Sport, LLC the right of subrogation to any insurance policies, claims, payments, or proceeds. This Limited Warranty and Disclaimer does not provide payment or indemnity for orthodontic treatments or preparation of a tooth (or teeth) to be used as an anchor for a bridge. This Limited Warranty and Disclaimer does not apply to dental expenses necessitated by a preexisting dental or orthodontic condition.
2. Exclusive Method for Obtaining Limited Warranty Coverage.
C&E Sport, LLC shall have no liability or responsibility under this Limited Warranty and Disclaimer unless:
(a) the claimant provides a written statement to C&E Sport, LLC, that the TapouT Mouthguard was correctly fitted by claimant in accordance with all printed instructions accompanying this Limited Warranty and Disclaimer and the TapouT Mouthguard; and
(b) a full and complete written notice of the injury and damage is actually received by C&E Sport, LLC, at the mailing address provided herein, within thirty (30) days after the occurrence of the injury or damage; and
(c) the notice of injury is substantiated by a written statement from all professionally licensed dentists who rendered treatment to or on behalf of the claimant. Such written statement(s) must:
i. provide a radiograph (x-ray) of the injured or damaged tooth (teeth) that was taken prior to the accident and that shows the tooth (teeth) to be of sound dental structure and medical condition and further shows no prior dental work was performed or damage was done to the tooth (teeth) prior to the complained-of injury; and
ii. provide a radiograph (x-ray) of the injured or damaged tooth (teeth) that was taken immediately after the injury or damage; and
iii. certify that he or she performed dentally- or medically-required dental work to the injured or damaged tooth (teeth) within thirty (30) days of the date of the injury or damage; and
iv. include a true copy of all the submitted dental and medical insurance claim form(s) that relate to the injured or damaged tooth (teeth) and the dental work that was performed thereon; and
v. include a true copy of the explanation of any benefits from the dental and/or medical insurance carrier(s); and
(d) a statement of a participating game official, if a supervised athletic contest, or a supervising coach or school superintendent, if a supervised training session, that the TapouT Mouthguard was in correct and proper use (according to all the manufacturer's instructions) and correctly fitted at the time of the damage or injury; and
(e) the TapouT Mouthguard that is enclosed herein is returned to C&E Sport, LLC, along with all the documentation and information required to obtain coverage under this Limited Warranty and Disclaimer; and
(f) the original Limited Warranty and Disclaimer is returned to C&E Sport, LLC; and
(g) the original proof of purchase is returned to C&E Sport, LLC; and
(h) the original store receipt showing purchase of the TapouT Mouthguard enclosed herein is returned to C&E Sport, LLC; and
(i) all documentation, information, and other items required to obtain warranty coverage under this Limited Warranty and Disclaimer is actually received by C&E Sport, LLC, at the following address:
C&E Sport, LLC
13308 Millard Ave.
Omaha, NE 68137
There shall be no presumption of receipt because the claimant deposited these items in the mails of the United States Postal Service or in the custody and control of a private delivery or courier service. Claimant shall bear the burden of proving actual receipt. Claimant shall be solely responsible for all costs of mailing or shipment. The TapouT Mouthguard and all other documents and information provided to C&E Sport, LLC shall become the sole property of C&E Sport, LLC, upon receipt of return. Under no circumstances shall C&E Sport, LLC return the TapouT Mouthguard or any other documents or information, and claimant(s) shall indemnify and hold C&E Sport, LLC harmless for such retention.
3. Choice of Law. This Limited Warranty and Disclaimer shall be governed and interpreted by the laws of the State of Nebraska.
4. Limitation on Incidental and Consequential Damages.In no event shall this Limited Warranty and Disclaimer cover incidental or consequential damages. C&E Sport, LLC specifically disclaims any warranty coverage or liability for incidental or consequential damages that may arise out of or relate to any use of the enclosed TapouT Mouthguard. However, some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
5. DISCLAIMER OF IMPLIED WARRANTIES. C&E SPORT, LLC SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THIS LIMITED WARRANTY AND DISCLAIMER IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, PERFORMANCE, CUSTOM, USAGE, OR TRADE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, C&E SPORT, LLC DISCLAIMS ALL LIABILTY FOR LOSS, INJURY, OR DAMAGE BASED UPON NEGLIGENT DESIGN OR DEFECTS IN MATERIALS AND WORKMANSHIP FOR THE ENCLOSED TAPOUT MOUTHGUARD. IF THIS LIMITED WARRANTY AND DISCLAIMER IS FOUND TO BE GOVERNED BY THE MAGNUSON-MOSS WARRANTY ACT, ANY IMPLIED WARRANTY THAT MAY SURVIVE THIS DISCLAIMER OF ALL IMPLIED WARRANTIES SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY (ONE (1) YEAR FROM THE ORIGINAL DATE OF RETAIL PURCHASE). If the law of the state in which you are domiciled does not permit a limitation of implied warranties, this limitation may not apply to you. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Federal law may also provide you with other legal rights.
6. Merger and Integration. This writing is intended as the final expression of the agreement between C&E Sport, LLC and the original purchaser with respect to warranties. No person, agent, distributor, dealer, service station, or company is authorized to change, modify, or extend the terms of this Limited Warranty and Disclaimer in any manner whatsoever. The seller's salespeople may have made oral statements about the merchandise described in this contract. These statements are not warranties, should not be relied on by the buyer, and are not part of the contract for sale or this Limited Warranty and Disclaimer. The entire Limited Warranty and Disclaimer is embodied in this writing. This writing is a complete and exclusive statement of the terms of any warranties offered by C&E Sport, LLC. C&E Sport, LLC makes no other warranty beyond that contained in this writing. Keep this Limited Warranty and Disclaimer, the original store receipt showing purchase of the enclosed TapouT Mouthguard, and the original proof of purchase for the enclosed TapouT Mouthguard for your records. In case of injury or damage, you must provide these items to C&E Sport, LLC. Your failure to keep these records may prevent you from seeking coverage under this Limited Warranty and Disclaimer.
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This page was updated October 20, 2017
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