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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller thinks about the Quotation includes a mistake, such a mistake of the Purchase Price, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference between the Purchase Price and the rate that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the premises of any associated Company or agent where the Item are situated) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made using the Goods are sold by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Goods offered or used in the manufacture of the Item sold in a separate identifiable account as the useful property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the fact that the Product end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming belongings of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Wangara Western Australia.

Our liability in regard of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the problem or failure at our own expense. Our assurance period is 12 months from the date of approval of the items, and is just valid for flaws or failure under proper usage and which emerge exclusively from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in stipulation 35, all reveal and indicated guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its employees, servants or agents to the Purchaser concerning the Product, their usage and application, are expressly excluded.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, suggestions, info or services supplied by the Seller or the Seller's agents or employees.

34. If the Goods are defective, the Seller will make great the defect by doing any among the following at its alternative: (a) fixing the Item; or (b) changing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Goods or acquiring comparable Item; (d) the payment of the cost of having actually the Goods repaired (Nutritionist in Wanneroo ).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our catalogues, catalog and other marketing matter, are intended merely to offer an indication of the goods described therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the items, an imprint to that impact might be attached and it needs to not be ruined eliminated or eliminated from the products. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Personal Training in Ellenbrook .

If the Seller has followed a style or guidelines provided by the Buyer, the Purchaser shall indemnify the Seller against all damages, charges, costs and expenditures of the Seller emerging from any violation of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or suggested shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Ocean Reef Western Australia. Unless defined elsewhere it is the purchaser's responsibility to get any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of performance of this agreement any place and to the degree to which fulfilment of the exact same is avoided, disappointed or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing statement, funding change statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and concurs that these terms constitute a security contract for the functions of the PPSA and produces a security interest in all Item that have formerly been supplied which will be provided in the future by FLEX FITNESS Devices to the Client.