0.  Definitions

The definitions contained in this section shall apply to all sections of these Terms and Conditions of sale, unless otherwise stated expressly.

BHS: Ball Head System, mentioned as seller in the commercial documentation –offers or product promotions, budgets, order confirmations, commercial invoices and delivery notes–.

Product(s): Articles described in the orders confirmation, commercial invoices and delivery notes sent by BHS and, except that are explicitly excluded, including the general services, training and other services carried out by BHS.

Order confirmation: Upon receipt by BHS, the order constitutes the formal acknowledgment of the products requested by the purchaser.

Invoice: List of goods or services rendered, with an account of all associated costs and specifying their payment conditions. Delivery note: Proof of delivery for a shipment, including description and quantity of the goods that are being handled by BHS. Purchaser: Person, company or its representative who is buying BHS products.

Contract: Any agreement whereby the purchaser acquires or undertakes to acquire BHS products.

1.  Scope

• Unless you have agreed otherwise with BHS, these Terms and Conditions apply to any sales for products made by BHS and all statements made by BHS in brochures, catalogues, price lists, adverts and quotations. Quotations are valid only in writing and during thirty (30) days, in case this information is not stated.

• Orders may be received by writing, internet or telephone. A contract is deemed concluded when accepted by BHS in an order confirmation or upon delivery and payment of the Products. Please check the order confirmation and immediately notify BHS of any mistake in writing or the details in the order confirmation will fully apply to the contract. Placing an order means the acceptance of these Terms and Conditions and any change to a contract must be confirmed by BHS in writing in order to be valid.

2.  Prices and payment

• Prices for products, taxes, shipment, insurance and other costs will be shown on the invoice. Variations in exchange rates, duties, insurance, shipment and purchasing costs (including components) may cause BHS to adjust prices accordingly, without the need for previous notice.

• Payment shall be made together with the confirmation order by the purchaser, prior to the shipment of products and before invoicing or, if agreed, within the number of days stipulated in the invoice. In that case, if the payment –or part of it– is late the maximum statutory interest rate will apply on the late amount. In addition, BHS may suspend further deliveries until full payment, as agreed contractually, has been received.

3.  Delivery and return

• The approximate delivery period and the place of delivery will be mentioned in the Order Confirmation. Title of the products will pass to the purchaser only when full payment has been received by If the purchaser would refuse delivery without BHS consent, the purchaser must pay BHS expenses or losses resulting from that refusal, including forwarding or storage costs, until the purchaser finally accepts the delivery. The risk of loss or misplacement of the products ordered is forwarded to the purchaser upon delivery.

3.2 The purchaser shall have seven (7) days from reception of products to inspect them and communicate to BHS any defects or non-conformities observed. After this period, BHS assumes that the purchaser will have accepted the products to all effects and purposes.

3.3. The purchaser is entitled to return any product acquired to BHS, and accepted after reception according to previous point, under the following conditions:

• Returns within thirty (30) days after delivery will be accepted, as long as there is an offsetting order of equal or greater value than the original;
• Returns exceeding thirty (30) days after delivery will not be accepted and will not be subject to any

3.4. In any case, the products that the purchaser may decide to return to BHS must satisfy the each one of the following conditions:

• Products returned must be listed in the current BHS catalogue;
• Products returned must not have been tampered;
• Products must preserve their original package, with no visible

4.  BHS Warranty Program

1. Terms and Conditions

This Warranty covers all products manufactured and sold by BHS or its official distributors and it is exclusive for the benefit of the dental or prosthetic professional. The Warranty is not covering third parties, institutions or patients.

1. Warranty period

The current Warranty is offered by BHS in all its range of prosthetic solutions for a period of five years from the date of the issued invoice. This limitation is not affecting the spherical head of BHS screws, which geometrical integrity is guaranteed for life.

1. Scope of Warranty

Subject to the limitations and exceptions described in paragraphs E and F of the current Terms and Conditions, Ball Head System offers the following benefits:

• Quality: BHS will replace any product which features defects affecting its materials, or those occurred during its manufacturing, with no additional
• Security: in case of failure of any product purchased, and provided that the user has followed its instructions and precautions of use, BHS will replace the product at no additional If directly and exclusively attributable to this failure, the user is forced to repeat the manufacturing of the prosthesis, BHS will also assume the cost for manufacturing the new structure.

Shipping costs for product replacement will be undertaken by BHS in all cases covered by this Warranty.

1. Eligibility and claim procedure

In order to receive the benefits stated in these Terms and Conditions, the dental professional or lab technician who purchased the products must comply with all of the following requirements:

• The purchaser shall contact BHS Costumer Service, by e-mail, to notify the claim within two months following the failure of the
• The purchaser must properly fill in the BHS claim form and send it at his own expense together with the defective product, which must be properly sterilized, to the headquarters of BHS, the address of which is indicated in the mentioned form.
• The purchaser who presents a claim, must be up to date on payments for purchases made to BHS, or any of its affiliates or representatives at the time of submitting the corresponding form.
• The purchaser must certify the use of BHS original products in accordance with the manufacturer’s instructions, with no exceptions, and according to the dentistry generally accepted practices. No modification shall be made on the original products by the purchaser.
• The purchaser shall prove that the patient has complied with an appropriate oral hygiene and that he has gone through dental care reviews every six months according to generally accepted professional recommendations.

Any infringement of the requirements exposed hereof will void the Warranty coverage under these Terms and Conditions.

1. General Limitations of the present Warranty

Except for the Warranty specified in these Terms and Conditions, neither Ball Head System nor any of its representatives, or third parties which manufacture or distribute BHS products, shall offer any warranty covenant (self or on behalf), or other expressed or implied undertaking, oral or written, with respect to any BHS product, including any warranties implied in the commercialization, durability or suitability for a particular use or purpose.

In addition, and to the maximum legal extension, Ball Head System disclaims –in his own behalf and any of its representatives, third parties which manufacture or distribute BHS products– any liability with respect to any direct or indirect, incidental or consequential damages caused to the purchaser, or any third parties, including patients, arising from the design, composition or manufacturing of dental prostheses in which the products are integrated.

The Terms and Conditions of this Warranty program may vary in those markets operated by BHS distributors only. Please contact to your BHS representative for additional information in this regard.

1. Warranty exclusions

Ball Head System explicitly excludes from this Warranty the following products and/or elements:

• BHS Casting cylinders, once transformed as a part of the prosthesis, with no prejudice to apply it to clinical screws used for fixing the
• Problems arising from the use of laboratory screws for final or provisional fixation of the prosthesis to a patient (for this purpose, titanium clinical screws are offered together with their handlers and hygienic covers).
• BHS clinical screws placed in mouth for more than 2 years, as it is understood that those products shall be replaced by new screws during any of the annual maintenance reviews of the prosthetic structure.
• Products affected by failure attributable to normal wear or use, or those whose failure is caused by an accident or trauma suffered by the patient and non-attributable to them.

1. Modification or Warranty withdrawal

Ball Head System reserves the right to modify or withdraw these Terms and Conditions at any time without prior notice. Nevertheless, any modification or withdrawal of the present Warranty will not affect those products already installed in patient’s prosthesis.

5.  Liability

• In any case shall BHS be liable for indirect or consequential

• The products furnished by BHS are not intended to be used to determine diagnosis, prognosis or a course of In this sense, neither the products nor any related information made available by BHS are intended to replace the services of a trained health professional or to be a substitute for medical advice of the competent professionals. For this reason, BHS makes no representations or warranties with respect to the products delivered regarding treatment, action or application of medication, corresponding to the mentioned professionals in all cases.

6.  Intellectual Property Rights

• All intellectual property rights related to BHS products are, and shall remain, the exclusive property of BHS or its licensees, as

• BHS will defend, indemnify and hold the purchaser harmless for any litigation expenses (including attorney fees) deriving from any firm court ruling, to the extent that such costs are due to a claim related to the products, as initially provided by BHS, which stipulates that the products infringed the rights of any third This indemnity is subject to BHS being promptly informed of such claim and granted full control of the defence or extrajudicial settlement thereof, before any action has been started.

7.  Miscellaneous

• BHS may terminate a contract, by an immediate written notice, if the purchaser fails to pay any debt, or a part of it, within the stipulated

Either party may terminate the Contract if the other:

• commits a material breach of contract, failing to redress it within thirty (30) days after receiving written notice from the other party;
• is declared insolvent or is unable to pay its debts within the agreed due

• The personal data submitted to BHS by the purchaser will be processed in strict accordance with the applicable data protection laws. It is the purchaser responsibility to obtain its patients’ consent to transfer any personal data to BHS.

• BHS may subcontract, assign or transfer its obligations or rights to a competent third party. The purchaser may not assign or transfer any of its obligations without the written consent of BHS.

• You can find all the products and services currently offered by BHS in the company website: bhs30.com. The applicable documents shown in the site at the date of entry into force of the contract will be applicable to its conditions and so, part of the contract.