Terms and Conditions of Trade and Manufacture

Introduction
Cyberdent Pty. Ltd. herein known as CD is a medical device manufacturer who manufactures dental restorations that are collectively referred to as a Device. A Device(s) when ordered is collectively referred to as the Case.
The dental practitioner or company enlisting the services of Cyberdent Pty. Ltd. by purchasing Case(s) is herein known as Customer. 

Customer application
The customer must complete the customer application process by signing up for a CyberConnect account at provider.cyberdent.com.au before being able to submit a case for manufacturing. The customer guarantees that all information provided is accurate, complete, and up to date. The customer will need to log into their CyberConnect account and update this information if there are any changes. 

Case requests and material submission
A treatment with Device(s) (a “Case”) can only be prescribed via CyberConnect, or paper prescription if an agreement is made between the customer and CD. Paper prescriptions may experience a delay due to the need for manual processing. Before a case begins, CD will notify you by email that the case has been received. CD will then assess the quality of the impressions. Once accepted, CD will start production of case based on the models represented by the records supplied by the customer. 

Manufacturing timeline
All Case(s) will take 10 business days to manufacture from date of submitted materials are accepted. Should further case information be required, you’ll be contacted via CyberConnect. Any case requiring further information, records or approval will experience delays and will be placed “On Hold” until requested information, records or approval is provided. 

All case(s) where Customer requests a delivery date earlier than the published manufacturing timeline will have the due date updated to meet the published manufacturing timeline. CD reserves the right to reject any request for expedited manufacture. 

Treatment options and payment
CD offers treatment options and Device(s) outlined in the current Price List. Anything not listed in the Price List is not offered by CD, any request to manufacture such Device will be manufactured and accepted at the sole risk of the Customer and delays in design confirmation will be experienced. CD reserves the right not to manufacture a device that is not listed on the price list at their discretion. 

Pricing is subject to change. Additional fees apply in some circumstances. All prices listed are in Australian Dollars and are not inclusive of GST. 

Each case submitted is considered a Sale. Each time a payment is due, you will be invoiced and expected to pay within 30 days. Failure to pay within these terms or you avoid payment in-full for works accepted, your account will be suspended and amount due will be forwarded to debt collection and reporting agency without further notice. 

For clarity and example, a denture case requiring; special tray and bite rims, try-in, and process will be sent in 3 separate case submissions will be invoiced individually and will be treated as 3 mutually exclusive cases. 

Invoices and statements
Invoices and statements will be issued by email and available for download via CyberConnect. 

Invoice and finance enquiries
All enquiries relating to invoicing and finance must be made within 14 days of invoice date in writing to support@cyberdent.com.au All requests made by phone or account rep will be directed to communicate via email. All such communications become part of Case records. 

Duplicate devices
Duplicate Device(s) are available for the full cost of the Device. Customer agrees not to request discounts for duplicate Device(s). CD reserves the right to reject any request based on the condition of the working model after the manufacture of the first Device. 

Restrictions
CD reserves the right to close any case or reject any request if the patient or Customer has failed to comply with product instructions or the goal has changed. CD reserves the right to cancel treatment without refund and refuse future submission requests if Customer is suspected of abusing these policies. 

Cancellation and refunds
If a case is cancelled for any reason, CD will charge a cancellation fee of $69 for the materials consumed and shipping involved in the partial manufacture of a case. All sales are final, once a case is closed, no refunds for delivered work will be issued. 

Records and privacy
All submissions and requests must be accurate and complete. In addition to any required customer, medical, biometric and photographic information, the following records must be provided in a timely manner: 

For all cases:
The appropriate and accurate PVS impressions or scans of the required hard and soft tissues, utilising the correct record taking procedure for the case to be manufactured; 

  • Photos from multiple angles (e.g. full face, smiling and front teeth close up) 

  • Records submitted to CD, not limited to impression trays, master models and photographs, become the property of CD and may not be returned to Customer. It is the Customer’s responsibility to provide relevant patient medical records to CD as necessary for Customer’s treatment. 

  • Records must be clear. CD is not responsible for Device(s) that do not fit due to inaccurate impressions, or other records. 

  • If CD deems a scan or impression to be below that of the standard required to manufacture a Device, CD may, at its absolute discretion request new records or terminate a case. 

CD may use patient records, phone recordings, demographic information, data summaries, or derivative information for quality assurance, research, product and business improvement, education, litigation, defence and marketing. Unless otherwise requested in writing by the Customer, personal identifiers will not be removed from any records used for education or marketing. 

General privacy
The Privacy Act 1988 imposes obligations on CD for how we collect and record information relating to your orders or how we offer customer support for our products.
CD will collect your personal information for the purposes of providing our products to you, ongoing product care, including investigations and providing you with information relating to our range of products. 
CD may have to share some of your personal details with the Therapeutic Goods Administration, Healthcare Complaints Commission, Australian Dental Council, or our suppliers during the investigation of a fault, damage, or case question relation to the medical devices we manufacture.

All phone calls made in and out of our 1300 789 368 support line are recorded and will be retained on your account for future reference.
If we cannot collect important initial or additional information about you, we won’t be able to support you as a customer and will cease trading with you. 

Open and closed cases
A case is “open” from records acceptance until such time it is “shipped”, at which time it is considered “Closed”. 

Cases may be placed “On Hold” when further information, records or approval is required. Cases “On Hold” will be delayed until status is updated. Any holds or delays in providing information or records to CD will affect the delivery date. 

A case left on hold with no action from the customer for 3 months will automatically be cancelled, and the cancellation fee of $69 charged. 

Case questions, communication, and service of records
Should further case information be required, you’ll be contacted via CyberConnect. Any case requiring further information, records or approval may experience delays and will be placed “On Hold” until requested information, records or approval is provided. 

All phone calls will be made via recorded line 1300 789 368 and all case questions will be made and replied via CyberConnect. 

All such communications become part of Case records. 

Shipment and delivery
CD shall not be liable for any damages, losses, delays or expenses incurred by Customer if CD fails to meet targeted delivery dates. Title to products shipped under this Agreement and risk of loss or damage during shipment pass from CD to Customer once the tracking number is provided and the package has been released to the carrier. Case prices include standard shipping costs. Cases will not be shipped to residential addresses, PO boxes, or remailing services. Once the tracking number is provided and the package has been released to the carrier, CD is unable to access the package or adjust the delivery time, date or speed of delivery. 

If a customer uses a Toll manual consignment note to send a case, then a freight fee of $50.00 will be charged to the customer. 

If a pickup is ordered and the parcel is not ready for collection when the courier arrives, the $15.00 courier call out fee will be passed onto the customer. 

Customer is responsible for the costs of shipping replacements, additional materials, warranty claims or remakes to and from CD. If Cyberdent’s pick-up service is used to ship the replacements, additional materials, warranty claims or remakes, a freight fee of $19.80 will be charged to the customer. 

CD is not responsible for any case in transit if Customer uses a non-CD initiated carrier service. 

Customer representations
Customer represents and warrants to CD that: 

  • Customer is an AHPRA registered dental or medical practitioner; 

  • Customer is currently AHPRA registered and holds a current and relevant professional indemnity insurance policy. 

  • Customer is of good character and maintains the highest standard of honour in society; 

  • Customer has the means to support the fees associated with the provision of CD services; 

  • Customer has demonstrated or can demonstrate the necessary skill and training to undertake the prescription, design, provision and service of device(s) ordered under this title. 

  • Customer’s use of CD Device(s) will be in accordance with all applicable product and third-party material specification(s); 

  • Customer has formed an Informed Consent and Agreement between them and their patient; and 

  • Customer agrees to provide a copy of the signed Informed Consent and Agreement to CD upon request. 

Warranties and disclaimer
CD is a medical device manufacturer and will manufacture Device(s) to the specifications outlined in the prescription submitted by the customer. CD does not practice dentistry or give medical or dental advice. Customer is solely responsible for prescribing and administering treatment. CD does not guarantee a successful treatment outcome. Individual results will vary. CD warrants that its products: 

  • Shall conform to the specifications provided by Customer at the time of submission; and

  • Are free from defects in material and workmanship. 

CD shall not be liable for: 

  • Any defects that are caused by neglect, misuse, or mistreatment of its products by the doctor, patient, or any third party; 

  • Any defects that are caused by failure to follow directions including (but not limited to) failure to replace reline or maintain Device(s); 

  • Any products that have been altered or modified in any way by an individual or entity other than CD; 

  • Any products being used in combination with CD products, not limited to Customer’s operating system, internet browser, or associated software or hardware; or 

  • Any defects or errors that result from Customer’s errors in submitted records or instructions provided or omitted by Customer for such products. 

  • Any craniofacial injuries sustained whilst wearing a sports mouthguard Device(s), not limited to chipping, cracking or loss of hard or soft oral tissue. 

  • Any injuries or death sustained whilst wearing an oral orthotic or sleep Device(s). 

  • Any time or labour costs incurred by the customer. 

This limited warranty expires 730 days after shipment of the Device(s) with the exception of orthodontic Device(s) not limited to active and passive, mouthguards and orthotics which have a limited warranty expiring 90 days after shipment of the product and veneers which have a limited warranty expiring 365 days after shipment of the product. If any CD product fails to conform to the warranty set forth above, CD’s sole liability, at its option, shall be to: replace such product; or credit Customers account for the cost paid for such product. Customer must return such product at their expense to CD to receive a replacement or credit for it. If CD elects to replace such Device(s), it shall have 60 business days to provide such replacement(s). Repaired Device(s) shall be warranted for the remainder of the original warranty period. Replaced Device(s) shall be warranted for the standard warranty period for the products from the original replaced Device(s) shipment date. Except as set forth above, CD hereby expressly disclaims any and all warranties, express or implied, including any warranty of merchantability, or fitness for any specific purpose. 

Promotions and discounts
Promotions may be advertised from time to time. The discounts cannot be used in conjunction with any other offer, including an ongoing discount a customer may have with CD. No discounts will be applied after an order is completed, or where a coupon code or voucher was not applied during the case submission process via CyberConnect. Promotions run from the date of publication until midnight of the end date unless otherwise specified in the promotional material. 

Online Security
You are responsible for the safekeeping of your username and password, as you are liable if an unauthorised person uses your account. We use industry-standard 256-bit encryption. Our secure server software locks all critical information passed from you to us, such as personal information, in an encrypted envelope, making it extremely difficult for this information to be intercepted. CD cannot fully guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer because of using this website.

 

Limitations of liability
In no event shall CD be liable for any consequential, incidental, indirect, exemplary, punitive or special damages in connection with or arising out of this agreement or the use of the products provided hereunder, however caused, and under any theory of liability whether in negligence, breach of warranty, strict liability, contract, tort, indemnity or any other cause or theory whatsoever. Excluded damages include loss of profits, loss of use and costs of replacement or substitute products.

In no event shall CD’s aggregate monetary liability for damages of any kind arising out of or in connection with this agreement, or any use of any product provided hereunder, exceed the total amount paid to CD by Customer for the particular products sold under the agreement for which losses or damages are claimed. The existence of more than one claim against the particular products sold to Customer under this agreement, or the existence of more than one agreement with the Customer or the sales of additional products to the Customer shall not enlarge or extend this limit. 

Indemnification
Customer agrees to indemnify, defend and hold harmless CD and/or its officers, agents, employees, contractors, successors and assigns from and against any and all liability, obligations, losses, claims, actions, damages, penalties, fines, demands or suits and all related costs, attorney’s fees and expenses of any kind and nature whatsoever arising under any theory of legal liability (a ”Claim”) that may be asserted against CD arising out of, or resulting from, or relating to: 

This agreement or use of products sold under this agreement;
Any breach of or failure of Customer to abide by any term of this agreement;
Any breach or alleged breach of any representations or warranties made by Customer in this agreement or any incorrect information provided by Customer to CD; or CD’s providing of or failure to provide products to Customer, unless the providing of or failure to provide such products was due to CD’s wilful misconduct or gross negligence. 

The obligation of the Customer to defend CD against any Claim is separate and distinct from the obligation of indemnity set forth in this Agreement. Customer has the right and obligation to assume the defense of any Claim with counsel chosen by Customer and reasonably acceptable to CD provided that counsel to CD may participate in the defense of the Claim with counsel for Customer, at the expense of CD. Customer will not have the right to assume the defense of a Claim made against both CD and Customer if counsel for CD advises in writing that a conflict in interest between CD and Customer would under applicable ethical principles preclude a single counsel or firm from defending both Parties. 

Relationship of parties
The Parties intend by this Agreement that Customer is and at all times shall be an independent party and not the agent or employee of CD. Neither this Agreement nor any contract with CD nor any course of dealing or practice shall be interpreted as creating, or shall be deemed to create, any employer- employee, principal-agent, partnership, joint venture or other relationship between Customer and CD. 

Assignment
This Agreement shall not be assigned by either Party hereto without the prior written consent of the other Party. 

Successor and assigns
This Agreement shall be binding upon and shall inure solely to the benefit of the Parties hereto and their respective successors and shall not be for the benefit of any other person, persons, or legal entities. 

Entire agreement and amendment
This Agreement, the CD prescription form, and the Informed Consent & Agreement shall constitute and contain the entire agreement of the Parties and supersede any and all prior negotiations, correspondence, understandings and agreements between the Parties respecting the subject matter hereof. This Agreement can only be modified by an authorised representative of CD. 

Severability
If any provision of this Agreement is or shall be deemed a violation of any applicable law, rule or regulation, such legal invalidity shall not void this Agreement or affect the remaining terms and provision of this Agreement and this Agreement shall be construed and interpreted to comply with all laws, rules or regulations.

 

Force majeure
CD cannot be in default or breach by reason of any failure of its performance under this Agreement if such failure results, whether directly or indirectly, from fire, explosion, strike, freight embargo, act of God, or of war, civil disturbance, act of any government, de jure or de facto, or any agency or official thereof, labour shortage, transportation contingencies, severe weather, default of manufacturer or supplier, quarantine or restriction, epidemic or catastrophe, lack of timely instructions or essential information from Customer or any other third party, or other conditions beyond the control of CD. 

Notices
All notices, demands, requests, approvals, other communications including case notes given or made pursuant hereto shall be in writing and shall be deemed to have been given or made on the data transmitted by electronic mail, to Customer at the address provided by Customer. 

Logo
The CD logo and SlimSmile logo is owned by CD and must not be used without the prior written permission of CD. 

Waiver
The failure of either Party at any time or times to require performance of any provision hereof shall in no manner affect the right to enforce the same. No waiver by either Party of any condition, or of the breach of any term, provision, covenant or warranty contained in this Agreement, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of the breach of any other term, provision, covenant or warranty.

 

Governing law
This Agreement shall be construed and governed under and by the laws of the State of New South Wales, Australia. The parties agree that the exclusive venue for any legal action authorised hereunder shall be in Sydney, New South Wales, Australia. 

Revisions
We may revise these Terms and Conditions at any time at our absolute discretion by posting revised terms; these revisions will be effective immediately.
If the terms are found to be inenforceable, you agree that the remainder of the Terms and Conditions remain in full force and effect.