Effective February 1, 2016 until revised.
By clicking "agree and accept the current terms and conditions", submitting and paying for a case, you are agreeing to abide by Cfast’s "Terms and conditions of trade and manufacture".
Osseo Dental Pty. Ltd. trading as Cfast Australia Pty. Ltd. herein known as CFAST manufactures devices for the indirect bonding of orthodontic brackets and the manufacture of fixed orthodontic retainers, removable orthodontic retainers, and removable clear orthodontic aligners. The listed devices are collectively referred to as an appliance. When both arches are being treated, a pair of appliances (one for each arch) is referred to as a "set" (or "stage"). When only one arch is being treated, one appliance a "set" (or "stage").
A sequence of individual patient treatment with appliances (a "case") can only be prescribed via CFAST's case management website ("CCP"). Written prescriptions, photos, and x-rays sent by email, fax, or printed will not be accepted. Before a case begins, CFAST will generate a written treatment plan, which may be provided in conjunction with a digital representation of the treatment goal (a "digital setup" or "treatment plan") based on Doctor's prescription. This may include "virtual" digital models for the planned treatment, as well as the position of any temporary anchors, pontics, brackets, incisal composite requirements, or interproximal reduction ("IPR"). Any changes to the planned treatment must also be prescribed via CCP. Appliances will not be produced without an approved treatment plan. Payment is due at the time of treatment plan approval. By approving a treatment plan, Doctor authorises CFAST to charge the associated fee to the selected payment method and start production of appliance based on the models represented in the approved treatment plan. Once a treatment setup has been approved, Doctor may not upgrade or downgrade a case to a different treatment option or revise the treatment goal.
Cases are considered active (or "open") from the time of submission until they close. Cases will be closed when Doctor requests a retainer for the case, or 300 days after manufacture of the appliance. Cases will also be closed if production is pending for 90 days or more due to Doctor's failure to approve a treatment plan, pay required fees, or submit usable records.
CFAST offers the following treatment options:
When the prescribing doctor submits a case not requiring a treatment plan, the initial case price will be as listed.
Separate digital treatment plans can be purchased for $90 per single arch case and $109 for a dual arch case.
Printed before and after models are available by request at an additional fee of $149 for a single arch or $199 for a dual arch per case.
Pricing is subject to change. Additional fees apply in some circumstances, as described below. All prices are in Australian Dollars and are listed excluding GST.
Retainers are available for both CFAST and Non-CFAST cases; retainers for appliances can either be based on a previous step (ART appliances only) or on new impressions or scans.
Duplicate removable retainers can be added to any retainer order for $50 per arch.
Replacement ART aligners are available for $50 per set, plus shipping.
Doctor may request a revision to any ART appliance case for $200, plus shipping. The treatment plan will be restaged to the original treatment goal, starting from the current position. Teeth may be overcorrected upon request, but the treatment goal may not be changed. Revisions may be based on new scans or impressions or a previous step.
Doctor agrees to request no more aligners than necessary to achieve the approved treatment goal. CFAST reserves the right to close any case or reject any request if the patient or Doctor has failed to comply with product instructions or the treatment goal has changed. CFAST reserves the right to cancel treatment without refund and refuse future submission requests if Doctor is suspected of abusing these policies. CFAST reserves the right to close any case five years after submission, regardless of any other policies in effect.
Doctor can qualify to receive discounted case pricing each quarter, based on the number of cases Doctor submitted in the previous quarter.
Only the initial case price will be discounted—volume discounts do not apply to retainers, replacements, or revisions. These volume discounts cannot be combined with any other discounts not described in these terms & conditions. At CFAST’s discretion, select practices or groups may make special arrangements to qualify for volume discounts based on aggregated submissions.
All sales are final. If a case is closed or cancelled for any reason, CFAST will not credit or refund any portion of the fees paid for that case.
All submissions and requests must be accurate and complete. In addition to any required patient, provider, and treatment information, the following records must be provided in a timely manner:
For all cases:
For retainers not based on a previous step:
Photos and x-rays may only be submitted via CCP. Records submitted to CFAST (including impression trays) become the property of CFAST and will not be returned to Doctor. It is the Doctors responsibility to obtain the patient’s informed consent for the Doctor to provide patient’s medical records to CFAST as necessary for Doctor’s treatment of the patient.
Scans and impressions must be clear. CFAST is not responsible for appliances that do not fit due to inaccurate scans, impressions, or other records.
If CFAST deems a scan or impression to be below that of the standard required to manufacture an appliance, CFAST may, at its absolute discretion request new scans or impressions.
CFAST may use patient records, demographic information, data summaries, or derivative information for quality assurance, research, product and business improvement, education, and marketing. Unless otherwise authorised by the patient, personal identifiers will not be removed from any records used for education or marketing.
CFAST is not responsible for the collection, retention, and retrieval of Doctor treatment records; CCP is not to be used in replacement of existing Doctor’s patient records system, retention, and retrieval method.
CFAST shall not be liable for any damages, losses or expenses incurred by Doctor if CFAST fails to meet targeted delivery dates. Title to products shipped under this Agreement and risk of loss or damage during shipment pass from CFAST to Doctor when products leave CFAST’s facility. Case prices include standard shipping costs for only the appliance indicated in the initial approved setup. Doctor is responsible for the costs of upgraded shipping, shipping impressions to CFAST’s facility, replacements, and revisions to Doctor.
Once the tracking number is provided and the package has been released to the carrier, Cfast is unable to access the package or adjust the delivery time, date or speed of delivery.
Doctor represents and warrants to CFAST that:
CFAST is a medical device manufacturer and does not practice dentistry or give medical advice. Doctor is solely responsible for prescribing and administering orthodontic treatment. CFAST does not guarantee a successful treatment outcome. Individual results will vary. CFAST warrants that its products:
CFAST shall not be liable for:
This limited warranty expires 90 days after shipment of the product. If any CFAST product fails to conform to the warranty set forth above, CFAST’s sole liability, at its option, shall be to: replace such product; or credit Doctor’s account for the cost paid for such product. Doctor must return such product to CFAST in order to receive a replacement or credit for it. If CFAST elects to replace such product, it shall have 30 business days to provide replacements. Repaired products shall be warranted for the remainder of the original warranty period. Replaced products shall be warranted for a 90-day warranty period. Except as set forth above, CFAST hereby expressly disclaims any and all warranties, express or implied, including any warranty of merchantability, or fitness for any specific purpose.
In no event shall CFAST 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 CFAST'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 CFAST by Doctor 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 Doctor under this agreement, or the existence of more than one agreement with the Doctor or the sales of additional products to the Doctor shall not enlarge or extend this limit.
Doctor agrees to indemnify, defend and hold harmless CFAST 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 CFAST arising out of, or resulting from, or relating to:
The obligation of the Doctor to defend CFAST against any Claim is separate and distinct from the obligation of indemnity set forth in this Agreement. Doctor has the right and obligation to assume the defence of any Claim with counsel chosen by Doctor and reasonably acceptable to CFAST provided that counsel to CFAST may participate in the defence of the Claim with counsel for Doctor, at the expense of CFAST. Doctor will not have the right to assume the defence of a Claim made against both CFAST and Doctor if counsel for CFAST advises in writing that a conflict in interest between CFAST and Doctor would under applicable ethical principles preclude a single counsel or firm from defending both Parties.
The Parties intend by this Agreement that Doctor is and at all times shall be an independent party and not the agent or employee of CFAST. Neither this Agreement nor any contract with CFAST 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 Doctor and CFAST.
This Agreement shall not be assigned by either Party hereto without the prior written consent of the other Party.
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.
This Agreement, the CFAST CCP online prescription, 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 CFAST.
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.
CFAST 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 Doctor or any other third party, or other conditions beyond the control of CFAST.
All notices, demands, requests, approvals, other communications including case notes and treatment plans given or made pursuant hereto shall be in writing and shall be deemed to have been given or made as of the date delivered or mailed if delivered personally or mailed by certified mail (postage prepaid, return receipt requested), or on the date transmitted if transmitted by facsimile or electronic mail, to Doctor at the address provided by Doctor.
The Cfast logo is owned by Osseo Dental Pty. Ltd. and must not be used without the prior written permission of Osseo Dental Pty. Ltd.
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.
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.