Warranty conditions

General warranty conditions

The LORA dental practice (Trautenwolfstraße 8, 80802 Munich), hereinafter referred to as the warrantor, grants patients, hereinafter referred to as the patient, a warranty extension for certain dental and dental-technical services. The details, conditions and requirements for patients to claim warranty services from the warrantor are governed by the General Warranty Conditions set out below.

§ 1 Warranty services

The warrantor grants a warranty extension only for certain services provided in-house, which are listed below. If the patient is unsure whether a service that is to be or has been provided is covered by the warranty, the warrantor will provide information promptly on request.

Warranty services can only be services for which the patient personally pays a private dental fee to the warrantor. This applies regardless of whether the patient is uninsured or privately insured and therefore pays the warrantor's fees in full, or whether the patient has statutory health insurance and personally pays co-payments or additional payments to the warrantor on top of the benefits of their statutory health insurance. If the patient meets this basic requirement, the services listed below are warranty services:

• 1. Prosthetic services:

  • – Occlusal splints

  • – Veneers

  • – Inlays

  • – Partial crowns

  • – Crowns

  • – Bridges

  • – Full dentures

  • – Minor implant prosthetics (e.g. implant crowns or implant bridges)

• 2. Implantological services:

  • – Implants

For the avoidance of doubt, the warranty services also include the dental-technical services connected with the dental work performed as part of a warranty service. Interim work and temporary restorations are not warranty services. With regard to implantation, preparatory and follow-up measures (such as augmentations, aftercare and peri-implantitis) are not warranty services.

§ 2 Warranty case

Subject to the provisions in the following sections of these warranty conditions, warranty claims arise if a warranty service becomes defective during the warranty period and external circumstances are not responsible for the defect.

• 1. A warranty service becomes defective if its intended function is significantly impaired. The intended function is significantly impaired if the warranty service no longer fulfils the purpose for which it was provided, or if it could still fulfil that purpose but doing so would be unreasonable for the patient (e.g. because of pain or the risk of changes to the structure of the teeth or similar). A warranty service is not defective in the case of aesthetic complaints.

• 2. External circumstances are influences on the warranty services that have no inherent connection with the warrantor's work in providing the warranty service, with the design or fitting of the warranty service, or with the patient's normal use of the warranty service. External circumstances may in particular be:

  • • damage to or impaired function of the warranty services as a result of external force, use or environmental influences (e.g. damage caused by a fall, breakage, cracking nuts with the warranty service, physical altercations, sport etc.),

  • • damage to or impaired function of the warranty services as a result of improper handling (e.g. incorrect insertion of dentures),

  • • damage to or impaired function of the warranty services as a result of changes in medical and anatomical conditions (e.g. loss of neighbouring teeth or implants, bone loss, development of caries, need for relining etc.), provided the changes are not attributable to the warranty service itself, and

  • • damage to or impaired function of the warranty services as a result of dental or dental-technical measures that were not carried out in the warrantor's practice.

• 3. External circumstances are responsible for the defect if they have at least contributed to causing it. If external circumstances exist and it cannot be ruled out that they at least contributed to causing the defect, the external circumstances are generally to be regarded as responsible for the defect. The patient remains free to prove that the external circumstances are not responsible for the defect.

§ 3 Warranty period; warranty certificate

The patient can only assert warranty claims within a period of 4 years (“warranty period”).

• 1. The warranty period begins on the day on which the warrantor carried out the last partial measure of a warranty service. For the avoidance of doubt, such partial measures must belong to the core of the respective warranty service, whereas general follow-up services (e.g. polishing, checks of success and wound healing, smoothing) are no longer regarded as such partial measures. For a filling, for example, the warranty period therefore begins when the filling material has hardened; for a prosthetic or implantological warranty service, when the respective material is fitted into the patient's dentition.

• 2. As a rule, the warrantor will issue the patient with a warranty certificate after completion of the overall treatment, which may also include several warranty services as well as other services that are not warranty services. The warranty certificate lists the warranty services for which the warrantor grants a warranty under these General Warranty Conditions. A warranty certificate may cover several warranty services; these are then listed individually in the certificate. The warrantor will also note the start of the warranty period in the warranty certificate. If the warranty certificate documents several warranty services, the warrantor reserves the right, in deviation from § 3 (1) above, to enter as the start of the warranty period for all warranty services documented in the certificate the day on which the last partial measure of the most recently provided warranty service was carried out. In this case, in deviation from § 3 (1) above, the warranty period for all services documented in the warranty certificate only begins on the day on which the last partial measure of the most recently provided warranty service was carried out.

• 3. The warranty period ends at the end of the day that falls four years after the day preceding the day on which the warranty period began. The warranty period does not start again and is neither suspended nor extended if a warranty case occurs during the warranty period. Depending on the measures to be taken in that case, however, a new warranty claim may arise (e.g. if the warranty service is remade or a different type of restoration is provided, cf. § 6, provided these are also warranty services).

§ 4 Requirements for warranty claims to arise; obligations of the patient

Warranty claims can only be asserted if the patient fulfils the following obligations:

• 1. There is only a claim to have the warranty service carried out at the LORA location that provided the original treatment. Costs for dental services not provided at LORA will not be covered. This also applies if the warranty case occurs and the patient does not wish to redeem it at LORA.

• 2. The patient demonstrates their contribution to maintaining their oral health by attending regular premium prophylaxis sessions (hereinafter referred to as prophylaxis appointments) and dental check-ups. A premium prophylaxis session comprises a 60-minute premium professional dental cleaning. In detail:

  • a) The warrantor will discuss individually with the patient how they can improve their oral hygiene and keep it consistently at a high level. This also includes the patient attending prophylaxis treatments and dental check-ups at the warrantor as often as the warrantor has determined to be necessary for them personally. The intervals at which these appointments are to be attended will be discussed by the warrantor with the patient in each individual case, depending on the patient's oral health status. The intervals may be lengthened or shortened as required over the course of the prophylaxis treatments and dental check-ups. As a rule, however, prophylaxis is necessary at least every six months and a dental check-up at least every twelve months.

    Where implants are the warranty service, three additional prophylaxis appointments at least every four months are required alongside a dental check-up every twelve months.

  • b) The warrantor arranges prophylaxis appointments with the patient at the recommended intervals (cf. letter a)), during which professional dental cleanings in particular are carried out. The patient is obliged to attend these prophylaxis appointments and dental check-ups. It does no harm if the patient reschedules an appointment previously agreed with the warrantor in consultation with the warrantor, provided the newly agreed appointment falls within the six-month period for prophylaxis appointments and the twelve-month period for dental check-ups.

    • • All warranty claims of the patient lapse if, during the warranty period (cf. § 3), the patient misses or cancels two consecutive prophylaxis appointments or dental check-ups agreed with the warrantor without having rescheduled them beforehand in accordance with this letter b). A prophylaxis appointment or dental check-up that the patient does not attend is not counted as missed if the patient proves that they are not responsible for missing it.

  • c) During the prophylaxis appointments and dental check-ups, the warrantor will assess the patient's current oral hygiene status and discuss it with the patient.

    • • All warranty claims lapse if the patient's general oral hygiene is inadequate.

• 3. The patient informs the warrantor without delay if, in their opinion, a warranty case has occurred and gives the warrantor the opportunity to examine it without delay.

§ 5 Exclusions

Even if the patient meets the requirements for warranty claims to arise in accordance with § 2, warranty claims cannot be asserted if the warranty case is due to circumstances that the patient caused intentionally or through gross negligence.

In addition, all warranty claims are excluded if the patient has not paid in full the private dental fees (cf. § 1) owed for the production of the warranty services. This does not apply if the warrantor has agreed payment in instalments with the patient for the private dental fees (cf. § 1); in this case the patient's claims are retained provided they are not in arrears with the payment of an instalment or part of an instalment at the time the warranty case occurs.

The warranty claim lapses if another practice has intervened in the restoration. This does not apply if the intervention was an emergency measure that LORA could not have provided.

§ 6 Content of warranty claims

If a warranty case within the meaning of § 2 occurs during the warranty period and a new dental restoration becomes necessary as a result, the patient can demand that the warrantor repair the defective warranty service.

If the defective warranty service cannot be repaired, the patient is entitled to demand that the warranty service be remade.

If neither a repair nor a remake of the warranty service is possible or dentally indicated, the patient can demand that the warrantor provide another dentally indicated restoration in place of the defective warranty service.

In each of the above cases, the warrantor's new services are billed to the patient as they would otherwise be billed. However, the amount billed for the warrantor's new services is reduced by the payments that the patient actually made to the warrantor as private dental fees (incl. dental-technical services) for producing the warranty service (cf. § 1). For the avoidance of doubt, the reduction is limited to the amount the patient would have to pay for the warrantor's new services (incl. dental-technical services), so that the reduction can at most reduce the private dental fees (incl. dental-technical services) payable by the patient for the warrantor's new services to €0.00. If the private dental fees (incl. dental-technical services) payable for the warrantor's new services exceed the payments that the patient actually made to the warrantor as private dental fees (incl. dental-technical services) for producing the warranty service (cf. § 1), the reduction is limited to the amount the patient actually paid as private dental fees (incl. dental-technical services) for producing the warranty services.

Any additionally required measures, materials etc. that go beyond the original treatment may be charged in addition.

A cash payment of the value of warranty claims is excluded. Nor can the patient demand that the warrantor contribute to the costs of treatment in other dental practices.

The warrantor will inform the patient in advance about the costs incurred and their reduction in accordance with this § 6.

§ 7 Handing over the warranty conditions applicable at the start of the warranty period

At the start of the warranty period, the warrantor will hand the patient a copy of these general conditions in the version applicable at that time.

§ 8 No impairment of statutory rights

Granting the warranty claims neither replaces nor restricts the patient's statutory rights, in particular any warranty claims relating to the warranty services.

§ 9 Severability clause

Should individual provisions of these General Warranty Conditions be invalid or unenforceable, the validity of the remaining provisions shall not be affected. In this case, the parties undertake, in accordance with the principle of good faith, to replace the invalid or unenforceable provision with a suitable, valid provision that comes as close as possible to the invalid provision in content and economic effect. The same applies to any gaps in the contract. This provision is not merely intended to reverse the burden of proof, but to exclude § 139 BGB (German Civil Code) in its entirety.