CYBERDENT PTY LTD

Effective July 1, 2026

 

Preamble

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.

 

Case requests and material submission

A treatment with Device(s) (a “Case”) can only be prescribed via CyberConnect, CD paper prescription or digital scans generated by all major intraoral scanner manufacturers, provided the files are exportable in open formats. 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 acceptance.

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 but this does not guarantee CD will meet the new due date.

All case(s) that do not pass quality control will take an additional 10 business days to manufacture.

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.

Pricing is subject to change. Additional fees apply in some circumstances, as described below. 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 + Bite rims

• Try in

• 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 via 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 canceled for any reason, CD will charge a cancellation fee of $72 plus GST 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, defense and marketing. Unless otherwise requested in writing by the Customer, personal identifiers will not be removed from any records used for education or marketing.

 

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.

 

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.

Customer is responsible for the costs of shipping replacements, additional materials, warranty claims or remakes to and from CD.

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.

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 via CyberConnect. 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 begins on the date of shipment and expires after 730 days for fixed restorative devices (excluding veneers and SlimSmile, which carry a 365-day limited warranty), 365 days for removable restorative devices, and 90 days for orthodontic devices. 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 to CD in order 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 730 days 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.

 

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 willful 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 lab sheet, 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 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.