1. Orders and acceptance
Customer's order is subject to acceptance by Spectrum Killian in its sole discretion. In deciding whether to accept an order, Spectrum Killian may consider Customer's creditworthiness. Orders shall be deemed accepted by Spectrum Killian only upon written confirmation or shipment. Upon acceptance, the prices set forth in the order will be firm. Until an order has been accepted, prices provided by Spectrum Killian are subject to change without notice. Products described in a price list or quotation may not be available at any given time.
2. Changes and modifications
No changes in the type, specifications, or quantity of Products ordered by Customer will be made unless and until Spectrum Killian consents and adjusted or reconfirmed prices are agreed upon. Unless specifically agreed to in writing by an authorized representative of Spectrum Killian, no agreement, affirmation, modification, cancellation, representation, or warranty forms part of the basis of any agreement between Customer and Spectrum Killian.
3. Payment terms
Payment of the stated invoice price is due in full immediately upon receipt of the Product. Amounts outstanding thirty (30) days after invoice date shall thereafter bear interest at the lesser of 1.5% per month (18% annually) or the maximum interest rate allowed by applicable law. Customer shall be responsible for all costs of collection, including attorneys' fees and costs. If Customer's order is cancelled for any reason before shipment, Customer shall pay Spectrum Killian all costs and losses incurred due to such cancellation.
4. Inspection and acceptance
Customer has the right to inspect Products prior to acceptance. However, failure to provide Spectrum Killian with written notice of any defect and return of the Product within thirty (30) days after receipt shall constitute acceptance. Other forms of acceptance include, but are not limited to: installing a Product in a patient's mouth, or requesting any change of shade, preparation, bite, or design modification.
5. Adjustments and modifications
Customer agrees that it is customary in the aesthetic dental industry for goods to be adjusted and/or modified by a dental laboratory on more than one occasion. Customer further agrees to give Spectrum Killian a reasonable period of time and opportunity to make changes to a Product to meet the specifications described in the order. Should Spectrum Killian fail to provide a satisfactory Product within a reasonable period of time, the sole and exclusive remedy is limited to: (a) the return of the Product and receipt of a refund of the amount paid, or (b) at Spectrum Killian's election, replacement of the Product pursuant to the Limited Warranty in Section 8.
6. Returns for restoration, repair, or replacement
If Customer requests restoration, repair, or replacement of a Product, Customer shall return the Product and all related items including, but not limited to, original impressions, models, and restorations. Customer acknowledges that Spectrum Killian must have the original Product and related items in order to assess possible restoration, replacement, or repair. Customer shall pay Spectrum Killian for services at its current applicable rates if requested changes were not part of the initial order.
7. Cleaning and disinfection
Customer must thoroughly clean all blood and saliva from all materials used in the mouth, including the Product, and disinfect these items after they are returned by Spectrum Killian before placing them in a patient's mouth.
8. Limited warranty
Spectrum Killian warrants to Customer that, subject to the exclusions and conditions herein, it will, at its sole option, repair, replace, or refund the original purchase price paid for any Products which are defective in materials or workmanship under normal use and care.
This limited warranty applies only to defective Products reported within the applicable warranty period and which, upon examination by Spectrum Killian, prove to be defective.
Applicable warranty periods:
| Period | Products covered |
|---|---|
| Seven (7) years | Porcelain to metal, all porcelain, all metal, single-unit inlay/onlay and crown composite resin final prosthetics (excluding mutually opposing implant-supported full arch bridges), milled implant bars, screw-retained titanium or zirconia abutments (excluding abutments with angulations greater than 20°). |
| Five (5) years | Composite resin bridges (excluding Maryland and inlay/onlay bridges). |
| One (1) year | Dentures and partials, including screw-retained dentures but excluding immediate dentures and partials. |
| Six (6) months | Thermoformed appliances and splints (if failure is due to defects in materials/workmanship), provisionals, composite resin Maryland and inlay/onlay bridges. |
| Thirty (30) days | Immediate dentures and partials, flippers, retainers, surgical and radiographic guides, and all other dental devices. |
Exclusions: This warranty does not cover (i) defects known or discoverable upon delivery but not disclosed within thirty (30) days; (ii) Products improperly used, modified, or repaired without Spectrum Killian's approval; or (iii) Products damaged by neglect, accident, fire, water, vandalism, casualty, improper storage, installation, or application.
If requested, Customer shall return defective Products at its own expense. If Spectrum Killian elects to replace defective Products, it shall ship such Products as promptly as reasonably possible.
Disclaimer: THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE. IN NO EVENT SHALL SPECTRUM KILLIAN BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES. CUSTOMER MAY NOT EXTEND GREATER WARRANTIES TO PATIENTS ON BEHALF OF SPECTRUM KILLIAN.
9. Limitation of liability
If Spectrum Killian breaches any provision herein, its liability shall not exceed the total price for the Products, less the purchase price of any Products delivered to and accepted by Customer. In no event shall Spectrum Killian be liable for special, indirect, incidental, or consequential damages, including but not limited to: delays in replacing Products, costs of removal/reinstallation, loss of goodwill, loss of profits, or loss of use.
Customer must permit inspection of Products subject to any quality or defect claim; failure to permit inspection constitutes a waiver of such claim. Settlements or resolutions of claims must be approved by an authorized representative of Spectrum Killian.
10. Indemnification
Customer shall indemnify, defend, and hold harmless Spectrum Killian and its officers, directors, and employees from and against all claims, liabilities, damages, debts, settlements, costs, and attorneys' fees arising from Customer's negligence or misconduct.
11. Shipping
Products will be shipped from Spectrum Killian's facilities by common carrier unless otherwise agreed in writing. Customer is responsible for all shipping costs; Spectrum Killian will bill Customer for any incurred shipping expenses. Customer shall bear the cost of returning Products. Spectrum Killian shall not be responsible for lost or damaged Products during shipment.
12. Governing law and jurisdiction
This Agreement shall be governed by the laws of the State of California. All disputes not otherwise resolved shall be brought in a court of competent jurisdiction in Irvine, California. Customer consents to jurisdiction of such courts. No action may be brought more than one (1) year after the cause of action accrues.
13. Attorneys' fees
In any dispute or litigation, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs.
14. Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force. The Agreement shall be reformed so that the invalid provision is enforceable to the maximum extent permitted.
15. Waiver
A waiver by Spectrum Killian of any breach shall not be deemed a waiver of subsequent breaches or of other provisions. No waiver by Spectrum Killian in any other contract shall be deemed a waiver here.
16. Force majeure
In addition to any excuse provided by law, Spectrum Killian shall be released from performance in the event of circumstances beyond its reasonable control, whether or not foreseeable, including labor disturbances, war, terrorism, fire, accident, natural disaster, inability to obtain materials, government acts, or regulations.
Contact: Spectrum Killian, 2850 Red Hill Ave, Suite 200, Santa Ana, CA 92705 · (800) 317-7100 · sales@skdla.com
Spectrum Killian · spectrumkillian.com · Privacy Policy, Terms of Use, Terms and Conditions of Sale · Prepared September 10, 2026