Cando Industries, LLC (dba XCELER8 ATHLETICS™) warrants the PRO-TEC SERIES™ mouthguard to be free from defects in the material and workmanship which could cause damage of injury to the sound, natural teeth of the purchaser herein when properly fitted and used in a supervised athletics contest or coach-supervised training session. This warranty shall extend for a period of three (3) months from the date of purchase. This warranty is only valid if your PRO-TEC SERIES™ mouthguard is registered (warranty registration) and purchased from an authorized Cando Industries, LLC (dba XCELER8 Athletics™) dealer or directly from Cando Industries, LLC (dba XCELER8 ATHLETICS™).
Limitation of Warranty
This limited warranty applies only to injuries to the purchaser’s teeth that are free from any pre-existing natural or unnatural defect, which includes prior dental work. No warranty is provided for any damage or injury incurred during or in connection with a professional athletic event; with any martial arts, mixed-martial-arts, boxing or similar fighting or combat sport or activity; in a hockey competition or practice unless worn in combination with an approved AHAUS facemask; in a lacrosse competition or practice unless worn in combination with a NOCASE approved helmet; rodeo activity of any kind.
Cando Industries, LLC (dba XCELER8 ATHLETICS™) obligations under this warranty shall be limited to:
- Dental treatment by an appropriately licensed dental professional up to a maximum liability of $150 per injured or replaced tooth up to a maximum liability per incident of $5,000.
- Cando Industries, LLC (dba XCELER8 ATHLETICS™) obligation shall be reduced by any insurance coverage available to the user and applicable to the treatment of the injury claim. This limited warranty does not provide payment or indemnity for orthodontic treatments or preparation of a tooth to be used as an anchor for a bridge. Cando Industries, LLC (dba XCELER8 ATHLETICS™) reserves the right to determine to its satisfaction whether any defect is covered under this limited warranty.
Cando Industries, LLC (dba XCELER8 ATHLETICS™) shall have no responsibility of liability hereunder, unless:
- The PRO-TEC SERIES™ mouthguard was properly fitted, by claimant, in accordance with the manufacturer’s printed instructions; and
- The PRO-TEC SERIES™ mouthguard was not damaged or altered in any way, whether by chewing on the PRO-TEC SERIES™ mouthguard or by other action to alter its configuration or chemistry—other than by the prescribed fitting—except as occurs by natural use; and
- A complete written notice of the injury or damage and a copy of the receipt of purchase is received by Cando Industries, LLC (dba XCELER8 ATHLETICS™) within thirty (30) days after the incident of the injury or damage; and
- The claimant provides a written statement from an appropriately licensed dentist providing necessary treatment within thirty (30) days after the date of injury that substantiates the injury, damage and treatment provided, together with identification of insurance coverage and insurance payments; and
- The claimant provides a statement by a supervising coach or participating game official that the PRO-TEC SERIES™ mouthguard was in proper use of the time of injury; and
- The applicable PRO-TEC™ SERIES mouthguard is returned to Cando Industries, LLC (dba XCELER8 ATHLETICS™). The PRO-TEC SERIES ™mouthguard shall become the property of Cando Industries, LLC (dba XCELER8 Athletics™) upon receipt.
This warranty 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, custom, usage or trade. Except as is otherwise expressly provided herein, Cando Industries, LLC (dba XCELER8 ATHLETICS™) disclaims all liability for loss, injury or damage based on negligent design or defects in materials and workmanship for the PRO-TEC™ SERIES mouthguard.
NOT FOR USE WITH BRACES
Before You Begin
Never use this PRO-TEC SERIES™ mouthguard unless it has been thoroughly inspected for damage or defects. If this product is damaged or defective, do not use it and immediately return the product to XCELER8 ATHLETICS™ or a replacement. Do not modify the mouthguard in any way or use any attachments not recommended by the manufacturer.
Never store this exercise product where there may be extreme temperatures or direct sunlight or near a direct heat source. Do not use harsh chemicals to clean the PRO-TEC SERIES™ mouthguard