Treatment Guarantee Terms

§1About this guarantee

1.1 What this guarantee is

Our Treatment Guarantee gives you the assurance that, in the unlikely event your treatment requires additional input or care, we will do everything we can to put it right.

It sits alongside our Terms of Business, which apply to all of the care we provide and are available at westend.dental/terms.

Where these terms and our Terms of Business conflict, these terms take precedence on anything to do with the guarantee.

1.2 Which treatment is covered

The guarantee currently applies only to a course of treatment that includes a SureFix® treatment. Within that course of treatment, we guarantee:

• the SureFix treatment itself — the implants we place and the fixed teeth they support; and
• any other dental implant treatment we provide as part of the same course of treatment.

No other treatment is covered. If you have not had SureFix treatment with us, this guarantee does not apply to your care. Your statutory rights are not affected (see clause 1.4).

For example, if we place a SureFix treatment on your upper jaw and a single implant on your lower jaw as part of the same course of treatment, both are covered. A crown fitted to one of your own remaining teeth during that course of treatment is not.

1.3 Versions and changes

We may update these terms from time to time — for example, to reflect changes in regulation, in the treatments we offer or in how we work. The current version is always available at westend.dental/terms-guarantee.

The version that applies to your treatment is the version in force on the date your treatment was completed.

1.4 Your statutory rights

This guarantee is in addition to your rights under consumer law. Nothing in these terms limits or removes those rights.

1.5 Governing law

These terms, and any dispute arising from them, are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.

§2What we will do

2.1 Repair first

If your treatment fails during the guarantee period, the failure is not caused by your neglect or by trauma, you have followed any post-treatment instructions, and none of the exclusions in Section 6 apply, we will repair the treatment to the same or a better standard as far as possible.

Our guarantee covers a repair in the first instance.

2.2 If we cannot repair the treatment

If we cannot repair the treatment to that standard, we will deduct the original cost paid from any charge for the additional treatment required to address the same issue. If we cannot do this, at our discretion, we will provide a refund.

2.3 How quickly we will act

We will endeavour to offer a repair as soon as a problem is brought to our attention.

Any refund under this guarantee is processed in line with the refunds clause of our Terms of Business, at westend.dental/terms.

A repair or refund may be delayed where the matter is subject to a formal complaint or claim. In those cases we may be required to conclude the underlying complaint or claim before we can offer a repair or refund.

2.4 You cannot insist on a repair

A repair will only be appropriate in some situations. If, at our sole discretion, a repair to a satisfactory standard is not possible, we will offer a refund instead. The guarantee does not allow you to insist on a repair where we do not consider it feasible.

2.5 You cannot request a refund instead of a repair

We will only offer a refund if, at our sole discretion, we are unable to repair the original treatment to a satisfactory standard.

2.6 Alternative treatment

The guarantee does not allow you to insist on alternative treatment. We will offer this, at our sole discretion, where we feel a viable alternative exists.

Alternative treatment is charged at our prevailing rate. However, if you opt for alternative treatment that we have recommended in lieu of a refund, you can apply the cost of the original treatment as a credit against the cost of the alternative treatment.

2.7 If you cannot attend one of our practices

Our guarantee is not an insurance policy and is not designed to cover care delivered by anyone else. If you are no longer able to attend a West End Dental practice for us to assess, repair and / or replace your treatment, you will not be entitled to further benefits under the guarantee.

We do not fund treatment delivered by third parties, and we do not offer refunds if you prevent us from attempting a repair of the original treatment by not attending.

§3What the guarantee covers

3.1 Technical failure

The guarantee covers the technical failure of treatment delivered by West End Dental, where the failure is not caused by your neglect or by trauma and where none of the exclusions in Section 6 apply.

Technical failure means a treatment failing at a technical level — for example, a crown breaking or a bridge coming loose.

3.2 Implants: biological and mechanical failure

Dental implant treatment covered by this guarantee, including SureFix, is guaranteed for both biological and mechanical failure.

Biological failure is the failure of a dental implant to properly integrate into the surrounding bone.

Mechanical failure is where the implant, or any other component such as the restoration, physically fails or breaks.

3.3 Not a specific cosmetic or functional outcome

Our guarantee does not cover a specific functional or cosmetic outcome. It is limited to the technical success of the underlying treatment.

For example, where a patient decides after treatment that they do not like the shade of their teeth, and that shade was discussed and agreed at the time the teeth were produced, work to change it would not be covered by our guarantee.

§4How long the guarantee lasts

4.1 When the guarantee period starts

Each guarantee period runs from the date the treatment it covers is completed.

4.2 SureFix treatments

SureFix treatments are guaranteed for the periods that apply to the tier you chose. These are confirmed in your Treatment Estimate before treatment begins:

• SureFix® Essential — implants guaranteed for 5 years; fixed teeth guaranteed for 3 years.
• SureFix® Advanced — implants guaranteed for 7 years; teeth guaranteed for 7 years.
• SureFix® Premium — implants guaranteed for 7 years; teeth guaranteed for 7 years.
• SureFix® Ultimate — implants guaranteed for 10 years; teeth guaranteed for 10 years.

Where the implants and the teeth they support have different guarantee periods, each is guaranteed for its own period. The implants remaining under guarantee does not extend the guarantee on the teeth.

4.3 Other implant treatment

Any other dental implant treatment we provide as part of the same course of treatment is guaranteed for 3 years from completion.

4.4 Treatment outside a SureFix course of treatment

Treatment that does not form part of a course of treatment including a SureFix treatment is not guaranteed. See clause 1.2.

§5What we need from you

5.1 You must be a member

Our guarantee only applies if you are a member of one of our dental membership plans at the time of your treatment, and your membership has continued in the period between treatment and any claim on the guarantee. However, your statutory rights are not affected.

This means a break in your membership between treatment and a claim will end your cover under this guarantee.

5.2 Your included maintenance programme

Every SureFix treatment includes a two-year maintenance programme from the date your treatment completes. This is provided as complimentary membership of our Platinum plan, which satisfies the requirement in clause 5.1 for those two years.

5.3 After your complimentary membership ends

To keep your guarantee once your complimentary two years end, you need to maintain membership of one of our dental membership plans, without a break, for the remainder of the guarantee period that applies to your treatment (see clauses 4.2 and 4.3).

Membership terms, including tiers and pricing, are set out in Section 10 of our Terms of Business at westend.dental/terms.

5.4 When we will waive the membership requirement

We will waive the requirement in clause 5.1, at our sole discretion, where:

• we stop providing our membership service completely;
• you permanently move to a home address more than 75 miles away from any and all West End Dental practices; or
• we do not offer a membership service which is clinically suitable for you.

5.5 Your review appointments

All dental implant patients are prescribed a series of review appointments, which you must attend on a regular basis to allow for review and maintenance of your treatment.

Our guarantee will not apply if you do not comply with that programme.

5.6 Your oral hygiene

You need to maintain a suitable level of oral hygiene. If your oral hygiene deteriorates following treatment, our guarantee will not apply, at our sole discretion. We reserve the right to require a dental examination conducted by us to confirm your level of oral hygiene.

§6What is not covered

6.1 Treatment we do not guarantee

Even within a course of treatment that includes SureFix, the following are not covered:

• any treatment other than the SureFix treatment itself and other dental implant treatment provided as part of the same course of treatment (see clause 1.2);
• consultations of any kind;
• radiographs, CBCT scans and diagnostic services;
• prescriptions for medication;
• temporary or provisional teeth, and temporary or emergency treatment;
• periodontal and gum treatments, except for splints;
• extractions;
• sedation services; and
• treatment subject to a high risk of failure (see clause 6.2).

6.2 Treatment with a high risk of failure

Occasionally, we may deliver treatment that carries a high risk of failure. This is normally because you have opted for a treatment against our recommendation, or because your circumstances mean the treatment is likely to fail but you prefer to attempt it anyway.

Treatment subject to a high risk of failure is not covered by our guarantee.

For example, where our clinical team has recommended that a tooth is removed before treatment and a patient asks us to retain it against that recommendation, a failure arising from that decision would not be covered.

Choosing one SureFix tier rather than another is not treatment against our recommendation, and does not affect your guarantee.

6.3 Neglect

Our guarantee does not cover treatment which fails as a result of your neglect.

Broadly, this means you have failed to follow reasonable post-treatment instructions provided by our clinical team, or you have behaved in a reckless or careless way.

For example, where a patient is prescribed a nightguard to protect their teeth from grinding and does not wear it, we would not repair or replace treatment that subsequently fails as a result.

6.4 Trauma

Our guarantee does not cover treatment which fails as a result of trauma. Trauma means physical impact or injury.

For example, where teeth fitted by us are knocked loose during a tackle playing rugby, we would not repair or replace them under our guarantee, because the failure is the result of trauma.

6.5 Smoking, e-cigarettes and nicotine

Our guarantee does not apply if you are, or later become, a regular smoker, user of e-cigarettes or user of other tobacco and / or nicotine products. Tobacco and nicotine products can substantially increase the risk of dental treatment failure.

We reserve the right to request tests to evidence (or otherwise) use of such products where we believe you have used them following treatment.

6.6 Other exclusions

Our guarantee will also not apply if:

• any fees are outstanding at the time a claim is made;
• you fail to take any medication prescribed by our clinicians, at any time;
• your treatment fails because of periodontal (gum) disease;
• teeth required to support a treatment fail or require treatment — for example, where a bridge is attached to a tooth which subsequently must be extracted;
• treatment fails because of changes to other teeth — for example, where you subsequently have additional teeth removed and this changes your bite;
• treatment fails because of unrelated medical conditions or medications;
• the original treatment involves the repair or adjustment of dental treatment delivered by a third-party dental practice; or
• you receive dental treatment from a third party that affects or changes the treatment we have delivered, determined at our sole discretion.

§7Making a claim

7.1 How to make a claim

If you think your treatment has failed, please contact your practice or our Customer Care Team as soon as possible. We will arrange an appointment so a clinician can assess the treatment.

7.2 Outstanding fees

We cannot consider a claim while any fees are outstanding on your account (see clause 6.6).

7.3 The limit of our liability

Our guarantee will only ever cover liability not exceeding the cost of the original treatment. This applies to every liability that arises under or in connection with the treatment.

7.4 If you are unhappy with our decision

If you are unhappy with a decision we make under this guarantee, our complaints procedure is set out in Section 8 of our Terms of Business, at westend.dental/terms.

Nothing in this guarantee limits your right to complain or your statutory rights.

Definitions

SureFix Treatment

A full-arch fixed implant treatment provided under our SureFix® brand, at any of the tiers listed in clause 4.2.

Course of Treatment

The planned series of appointments and treatments set out in your Treatment Estimate. This guarantee applies only to a course of treatment that includes a SureFix Treatment. See clause 1.2.

Guarantee Period

The period for which a treatment is guaranteed, running from the date that treatment is completed. See Section 4.

Technical Failure

A treatment failing at a technical level, for example a crown breaking or a bridge coming loose. See clause 3.1.

Maintenance Programme

The two-year programme of professional aftercare included with every SureFix Treatment, provided as complimentary Platinum membership. See clause 5.2.

Member

A patient who holds an active membership of one of our dental membership plans. Membership terms are set out in Section 10 of our Terms of Business.