Terms of sale

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the equivalent Fair Trading Acts of the states and territories. “Buyer” means the clinic or other person named on the order. “Consumer” has the meaning in section 3 of the Australian Consumer Law. “Consumer guarantee” means a guarantee in sections 51 to 62 of the Australian Consumer Law. “Contract” means these terms, the quotation we accept, and the order. “Goods” means the products we supply. “Services” means installation, training, or any other service we agree to perform. “Order” means an order for goods or services that we accept in writing. “PPSA” means the Personal Property Securities Act 2009 (Cth). “Price” means the price under clause 6. “Loss” means claims, costs, damages, and liabilities, including legal costs on a full indemnity basis. “Consequential loss” means loss of revenue, profit, goodwill, use, or opportunity, and any other indirect loss.

The contract replaces earlier discussions about the same order, including talk about how a system will perform or what result a client of the clinic should expect. It overrides the buyer’s purchasing terms, whether or not those terms say they prevail. Unless we agree in writing, these are the only terms on which we supply goods or services.

A page on this site is not the order. Published prices on the site are United States offers. Australian prices are quoted. Specifications can change by configuration.

We may accept or reject an order, or any part of it, or a change to it. We may use a subcontractor to supply or deliver. Quadlaze Max and RenuVa are supplied only where the practice holds the state laser licence the treatment needs. The buyer is responsible for that licence, for training, and for safe use.

Once an order is placed and the deposit is paid, the buyer cannot cancel. The deposit is not refunded. The balance remains payable. An order is placed when we accept it in writing and the deposit on the quotation or invoice has been paid. A change of mind is not a ground for cancellation.

If we cannot supply the order, we will say so and refund the deposit. If we agree in writing to a cancellation we are not obliged to accept, the buyer pays our loss on that order, including goods already ordered from a supplier and costs already incurred, and we may keep the deposit toward that loss.

Nothing in this clause removes a right the Australian Consumer Law does not allow us to remove, or a right of the United States that cannot be waived, including a right to cancel under the FTC Mail, Internet, or Telephone Order Merchandise Rule where that rule applies and we do not ship in the time it requires. The cancellation policy states the same rule.

Colour, texture, and finish vary. We do not promise that goods will match a photograph, a film, or a sample, except where the Australian Consumer Law or a non-waivable law of the United States requires it. Films and protocol photographs are appearance only. Individual results vary. They are not a promise of a clinical result.

The buyer selects the goods on its own judgment. Some handpieces are tested before delivery for quality and safety. Those handpieces are new but for that testing. This site is not medical advice.

The price is our quoted price, which binds us for 30 days from the date of the quote and may be accepted in that time, or if there is no current quote, our price at delivery. The quote or invoice states the deposit and when the balance is due. If no time is stated, payment is due on or before delivery. Time for payment is of the essence. We may hold delivery until the goods or services are paid for.

Unless the quote says a tax is included, sales tax, GST, and similar taxes are extra. Payment is by the method we direct. A cheque or other instrument is not received until it clears.

If a payment is late, we may charge interest from the due date until payment, calculated daily. On an Australian order the rate is 2% per year above the Commonwealth Bank of Australia business overdraft reference rate. On a United States order the rate is the lesser of 1.5% per month and the highest rate the law of the state of delivery allows. Interest is payable on demand.

If a supply under the contract is a taxable supply under A New Tax System (Goods and Services Tax) Act 1999 (Cth), the buyer pays GST in addition to the price, unless the price is stated to include GST, at the same time as the price. The buyer pays any stamp duty or other Australian charge on the goods.

On a delivery in the United States, the buyer pays the sales tax that applies to that sale. We do not charge Australian GST on a supply that is not a taxable supply.

We ship to clinic addresses in Australia and the United States. We do not ship these systems to other countries. We will use commercially reasonable efforts to deliver by the date on the order. Dates are estimates. We may deliver in instalments, and each instalment is invoiced and paid under clause 6.

The buyer gives access to the premises. Delivery to a person the buyer names is delivery to the buyer. Where a freight rate is weight-based, United States weights are rounded up to the next full pound, and Australian weights are rounded up to the next kilogram the carrier bills.

Except where a consumer guarantee or the FTC shipping rule says otherwise, a late delivery is not a repudiation of the contract, and we are not liable for consequential loss from late delivery. The refund pages state the shipping practice for Australia and the United States.

Risk passes to the buyer on delivery. Title stays with Regen Factor Pty Ltd until we have cleared funds for all goods and services supplied to the buyer, and all other amounts the buyer owes us. Until then the buyer stores the goods separately, keeps our labelling, and does not sell them except in the ordinary course of the clinic’s business. The buyer insures the goods, at its cost, for their full price, with a reputable insurer.

The buyer warrants that it does not intend to use the goods predominantly for personal, domestic, or household purposes. Our interest is a security interest in the goods and their proceeds. The buyer does what we reasonably ask so that interest is enforceable and perfected with the priority we require, which is first priority unless we agree otherwise. The interest attaches when the buyer obtains possession.

If the buyer does not pay, we may demand the return of the goods. To the extent the law allows, the buyer licences us to enter premises where we reasonably believe the goods are, to recover them, and will get any consent that entry needs. We will not enter in a way the law forbids. The buyer indemnifies us for loss caused by a recovery the buyer has made necessary by not paying, except to the extent we cause that loss by acting outside this clause.

The buyer inspects the goods and services as soon as practicable after delivery or performance. The buyer tells us of a defect within 14 days. If we ask, the buyer keeps defective goods in the state they arrived for 14 days after that notice, and returns them at our cost within 14 days, with the packaging as intact as is reasonable.

That notice period does not limit a consumer guarantee, or a remedy a law of the United States says cannot be waived. Where the return is our error, we pay the return freight. A refund that is due is made within four weeks of the buyer giving the package to the return shipper, often sooner: about 5 to 10 business days in transit, 3 to 5 business days for us to process it, and 5 to 10 business days for the bank. Email info@pepfactor.org with the order number. Do not return a system before we reply.

We perform services at the premises on the order. If the buyer is not ready on the agreed day, we may invoice for those services. The buyer keeps the premises clean, secure, and safe, and keeps workplace safety arrangements that the law requires.

Subject to this clause, conditions and warranties that are not written in the contract are excluded to the extent the law allows, and we are not liable for consequential loss. Our liability for goods is limited, at our option, to replacement, repair, the cost of replacement or equivalent goods, the cost of repair, or a credit of the price paid. Our liability for services is limited, at our option, to resupply, the cost of resupply, or a credit of the price paid.

The Australian Consumer Law gives consumers guarantees that cannot be excluded. Those limits apply only where that law allows us to limit a remedy. Where it does, we limit our liability for a failure of a consumer guarantee, for goods, to repair, replacement, the supply of equivalent goods, or the cost of those, and for services, to supplying the services again or the cost of having them supplied again. Where that law does not allow the limit, it is not limited.

For a delivery in the United States, implied warranties are disclaimed to the extent the Uniform Commercial Code and the law of the state of delivery allow the disclaimer, and only for equipment bought for commercial clinic use. “As is”, after that disclaimer, means we do not give an implied warranty of merchantability or fitness except a warranty that law says cannot be disclaimed. An express statement in the order is not disclaimed. If a written warranty and a consumer-product statute both apply, implied warranties are not disclaimed for the period that statute protects. We do not exclude liability for fraud.

We handle personal information as described in the privacy policy. The buyer tells us if the contact details on the order change.

The buyer indemnifies Regen Factor Pty Ltd against loss in connection with the contract arising from the buyer’s breach, the buyer’s use of the goods, or our enforcing a security interest, except to the extent the loss is caused by our fraud, our wilful misconduct, or a liability the law says we cannot shift onto the buyer.

In addition to any lien at law, we have a general lien over goods of the buyer in our possession until the buyer has paid for all goods and services we have supplied. To the extent the law allows, we may sell goods subject to that lien after notice, and we pay the buyer any surplus after the debt and the reasonable costs of sale.

Pricing, technical, and commercial information we mark or treat as confidential may be used only to use or sell the goods supplied under the order. It may not otherwise be disclosed. Buying goods does not assign or license any patent, design, trade mark, or copyright in the goods, in PepFactor materials, or in this site.

Where the PPSA applies, neither party will disclose information of the kind in section 275(1) of the PPSA, subject to section 275(7).

We are not liable for a failure caused by something beyond our reasonable control, including strike, failure of a usual supplier, utility failure, or breakdown. We may suspend the affected obligation while it continues. If it continues more than 30 days, we may end the affected order by notice, and we will refund any amount paid for goods we will not supply.

We may end the credit terms, an order, or the contract by notice if the buyer materially breaches these terms and does not remedy the breach within 7 days of notice, where it can be remedied, or if the buyer is insolvent, including where a receiver, administrator, or liquidator is appointed, or the buyer cannot pay its debts as they fall due. Within 7 days after the contract ends, the buyer pays what it owes, whether or not the due date has arrived, and returns our confidential information. Ending the contract does not remove a right that has already accrued, or a right the law says survives.

This clause applies to goods delivered in Australia. If Chapter 4 of the PPSA would otherwise apply to enforcement of our security interest, the buyer agrees the following provisions do not apply, to the extent the PPSA allows them to be excluded: section 95 (notice of removal of accession), to the extent it would require us to give the buyer a notice; section 121(4); section 130, to the extent it would require us to give the buyer a notice; section 132(3)(d); section 132(4); section 135; section 142; and section 143.

We do not need to give a notice under the PPSA, including a notice of a verification statement, unless the PPSA requires it and that requirement cannot be excluded. Payments we receive may be applied as section 14(6)(c) of the PPSA provides. If we ask because a registration or a change is needed to keep a first-priority perfected interest, the buyer signs and does what is reasonably required. The buyer pays the reasonable cost of that registration.

For goods delivered in the United States, the buyer grants Regen Factor Pty Ltd a security interest in those goods, and their proceeds, to secure the price and any other amount owing on the order. The buyer authorises us to file a financing statement. The buyer does not move the goods out of the state of delivery before they are paid for, except in the ordinary course of the clinic’s business.

If a provision is invalid, it is read down to the extent needed, and if it cannot be read down it is severed. The rest stays in force. The contract can be changed only in writing. The buyer may not assign it without our written consent. A waiver by us must be in writing. Delay is not a waiver.

The buyer may not set off an amount we owe against an amount the buyer owes us. Notices to us go to info@pepfactor.org or to 14/117 Old Pittwater Road, Brookvale NSW 2100, Australia. Notices to the buyer go to the email or address on the order.

We hold the benefit of the contract, including the indemnity, for ourselves and for our employees and contractors who perform it.

An order for delivery in Australia is governed by the law of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

An order for delivery in the United States is governed by the law of the state where the goods are delivered, and by federal law where it applies. The parties submit to the non-exclusive jurisdiction of the courts of that state and the federal courts sitting there.

The Australian Consumer Law still applies to a supply it covers. A United States statute that cannot be waived still applies to a sale it covers.