This Vane Protective Gear mouthguard is designed to be dual purpose; the first and foremost purpose of the mouth guard is to provide protection during physical activity, and; the second purpose is to provide an indication if the user sustained an impact force of a specific level. In order for the product to serve correctly it must be fit to the upper teeth and gums as instructed below, and worn securely on the upper mandible at all times in use. Store in a closed container when not in use. If a Vane mouth guard is chewed, improperly fit, damaged, or altered it will not serve its purpose properly or accurately.
Vane Protective Gear dual purpose mouthguard does NOT prevent or predict concussions, and is not to be considered a substitute for an expert medical assessment in the event of injury. The impact indicator only indicates if a force is sustained to the mouthguard of a certain level, and does not indicate whether or not a concussion has occurred. If you have common concussion symptoms, including loss of consciousness or memory, dizziness, headache, nausea or confusion, regardless of whether the force indicator has enacted, immediately stop activity and report to a medical provider. Do not return to activity until cleared to do so by a medical professional.
The force indicator will only enact when the force of a hit reaches a certain level between the teeth when the mouthguard is properly worn. Concussions can occur below the levels of the force indicator, and concussions can occur from hits to other areas of the head and body, therefore, the Vane Protective Gear LLC mouthguard should not be relied upon to evaluate for concussion, and should NOT be considered a replacement for a proper evaluation by an authorized medical professional in the event of a potential injury.
IF YOU HAVE BRACES –CONSULT YOUR DENTIST
NEVER CHEW YOUR MOUTH GUARDS
WARRANTY: For a period of one (1) year from the date of purchase, Vane Protective Gear LLC. Warrants the enclosed mouthguard to be defect free in material and workmanship which could cause any damage or injury to the sound, natural teeth of the purchaser when properly used in a supervised athletic contest or supervised by a coach or trainer. In the unlikely event that Vane Protective Gear LLC’s above warranty is triggered for coverage, the responsibilities shall be limited to the lesser cost of the following:
- The actual dental expense incurred by the user; or
- $250.00 per injured or replaced tooth, up to a maximum liability of 6,000 per incident.
Vane Protective Gear LLC’s obligations hereunder shall be reduced by the amount of any insurance collected or payable for the damage or injury claimed. Vane Protective Gear LLC shall not be bound by any subrogation attempts by third party insurance companies. Vane Protective Gear LLC may require the person making this warranty claim to grant to Vane Protective Gear LLC the right to subrogation to any insurance policies, claims, payments, or proceeds. This warranty does not provide payment or indemnity for orthodontic treatments or preparation of a tooth to be used as an anchor of bridge. This limited warranty applies only to injuries to the purchaser’s teeth that are free from any pre-existing natural or unnatural defect, including prior dental work. Vane Protective Gear LLC shall have no responsibility or liability hereunder unless:
- The mouthguard was fitted by claimant in accordance with the printed instructions
accompanying this warranty; and
- The mouthguard was not damaged or altered in any way, whether by chewing on the
mouthguard or by other action to alter its configuration or chemistry (other than by the
proscribed fitting), except as occurs by normal use; and
- A complete written notice of the injury or damage is received by Vane Protective Gear within thirty (30) days after the occurrence of the injury or damage; and
- Sworn affidavit of a participating game official, if a supervised contest, or a
supervising coach, trainer or school superintendant, if a practice session, that the mouthguard unit was in proper use at the time of injury, and
- The notice of injury is substantiated by a sworn affidavit of a licensed dentist providing
necessary dental treatment within 30 days after the date of injury or damage. Said affidavit statement must:
- provide radiograph (x-ray) of the injured or damaged tooth (teeth) that was taken prior to the accident and that shows the tooth 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 prior to the complained –of injury; and
- provide radiograph of injury taken immediately after the injury or damage; and
- certify that he or she performed dentally –or medically –required dental work to the injured or damaged tooth (teeth) within 30 days of the date of the injury or damage; and
- include a true copy of all of the submitted dental and medical insurance claim forms that relate to the injured or damaged tooth (teeth) and the dental work that was performed thereon; and
- include a true copy of the explanation of any benefits from the dental and/or
medical insurance carriers; and
- The within mouthguard unit is returned to Vane Protective Gear LLC with the written notice of injury. The mouthguard unit shall become property of Vane Protective Gear LLC upon receipt of return. Under no circumstances shall Vane Protective Gear LLC return the mouthguard or any other documents or information, and claimants shall indemnify and hold Vane Protective Gear LLC harmless for such retention.
In the event that the force indicators do not function properly, the claimants sole remedy will be to
receive a replacement product from Vane Protective Gear LLC.
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 a dealing,
custom, usage, or trade. Except as is otherwise expressly provided herein, Vane Protective Gear LLC
disclaims all liability for loss, injury or damaged based upon negligent design or defects in materials and
workmanship for the within mouthguard. The remedies set forth herein are exclusive and the total
liability of Vane Protective Gear LLC with respect to use of this mouthguard, whether based on contract,
warranty, negligence, indemnification, strict liability or otherwise, In no event shall Vane Protective Gear
LLC be liable for consequential, incidental, or special damages.
CHOICE OF LAW: This Limited Warranty and Disclaimer shall be governed and interpreted by the laws of the state of Texas.
MERGER AND INTERGRATION: This writing is intended as the final expression of the agreement between Vane Protective Gear 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 a part of the contact for sale or this limited warranty and disclaimer. This writing is at complete and exclusive statement of the terms of ant warranties offered by Vane Protective Gear LLC.
Keep this dental warranty, disclaimer and store receipt in your records. In case of injury, mamouthguard, store receipt, the notice of injury and accompanying statements to Vane Protective Gear LLC at 53275 Shawn, Chesterfield, Michigan, 48047 via USPS registered mail.