As used below, the terms "HCES," "We," "Us" and "Our" refer to Health Care Equipment Specialty, Inc., a Texas corporation, dba "Buydentalequipment.com". The terms "You," "Your," "Purchaser" and "Customer" refer to any and all purchasers of equipment, parts and other items from us and/or any of our parent companies, affiliates, subsidiaries, representatives, clients, consignors, successors and/or assigns (as applicable).

We warrant that new dental equipment and parts purchased from HCES will be subject to the manufacturer's original stated warranty, if any. Refurbished dental equipment and parts purchased from and installed by HCES or its authorized representatives will be free from defects in materials and workmanship provided by HCES ("Defects") for a period of: (a) one year from the date of purchase as to parts, other than dental handpieces, cavitrons and prophy jets, supplied by HCES; (b) ninety (90) days with respect to workmanship; and (c) ninety (90) days (materials and workmanship) with respect to dental handpieces (as appropriate, the "Applicable Warranty Period"); subject to the remaining provisions hereof.

We will remedy any and all Defects of which the customer notifies HCES in writing during the Applicable Warranty Period AT NO CHARGE TO THE CUSTOMER, to the extent such Defects are not the result, in whole or in part, of the willful or negligent act(s) or omission(s) of the customer, its owners, agents, employees, contractors, or any third party. Such Defects will be repaired or, at the discretion of HCES, replaced with like or similar products. HCES'S SOLE OBLIGATION AND YOUR (THE CUSTOMER'S) EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE LIMITED TO SUCH REPAIR OR REPLACEMENT, AND BY ACCEPTING THE PRODUCT(S), THE CUSTOMER WAIVES ANY AND ALL OTHER OR ADDITIONAL RIGHTS AND REMEDIES, INCLUDING WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND PUNITIVE DAMAGES, LOST TIME, LOST PROFITS, COST OF COVER (OBTAINING REPLACEMENT EQUIPMENT AND/OR PERFORMANCE FROM ANOTHER SOURCE), AND ANY AND ALL CLAIMS ARISING UNDER CONSUMER PROTECTION STATUTES, SUCH AS THE TEXAS DECEPTIVE TRADE PRACTICES ACT. TX. BUSINESS & COMMERCE CODE, SECTION 17.41 ET SEQ.

This warranty does not apply to: (a) Cavitrons and Prophy Jets; (b) any other items that have been repaired, modified, installed or serviced by any party other than HCES or its authorized representatives; or (c) any items damaged or destroyed WHILE IN TRANSIT, EXCEPT TO THE EXTENT SUCH DAMAGE OR DESTRUCTION IS CAUSED BY HCES OR ITS EMPLOYEES. Repairs not covered by this warranty may, at the sole option of HCES, be performed at its then-current cost for parts, labor and transportation, plus 15%.

Any and all claims, disputes or controversies arising out of, relating to or in connection with this warranty shall be resolved, on an individual basis, without resort to any form of class action, by final and binding arbitration. All arbitrations shall be determined by a single arbitrator selected by HCES at the offices of the American Arbitration Association located in Dallas, Texas.

THE ABOVE REFERENCED WARRANTY IS EXCLUSIVE. IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN STATEMENTS, ADVERTISEMENTS, PROMISES, SAMPLES OR OTHER INFORMATION PROVIDED BY HCES, ITS AGENTS OR EMPLOYEES, OR BY ANY THIRD PARTY. ALL EQUIPMENT SUPPLIED BY HCES IS OTHERWISE PROVIDED "AS-IS" AND "WITH ALL FAULTS". ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, WARRANTIES OF SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, APPLICATION OR ENVIRONMENT, FREEDOM FROM INTERFERENCE, INFRINGEMENT, OR DEFECTS) ARE EXPRESSLY DISCLAIMED AND WAIVED. HCES WILL NOT BE RESPONSIBLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR ASSOCIATED WITH THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TO, ANY OF THE EQUIPMENT.