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

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If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost and the price that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the premises of any associated Business or representative where the Goods are situated) without liability for trespass or any resulting damage and to seize the Product; 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 manufactured using the Product are offered by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice rate of the Goods offered or used in the manufacture of the Item sold in a separate recognizable account as the beneficial property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not impacted by the reality that the Goods become components connected to the properties of the Buyer or a third party, and if the Seller goes into those properties for the function of recovering ownership of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Gnangara .

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the problem or failure at our own cost. Our warranty period is 12 months from the date of approval of the items, and is just valid for flaws or failure under correct usage and which arise entirely from faulty style, materials or workmanship.

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 offered in provision 35, all express and indicated guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) suggestions, recommendations, details or services supplied by the Seller, its workers, servants or representatives to the Buyer regarding the Goods, their use and application, are specifically left out.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's agents or employees.

34. If the Item are faulty, the Seller shall make great the defect by doing any one of the following at its alternative: (a) fixing the Item; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Product or acquiring equivalent Product; (d) the payment of the cost of having actually the Product repaired (Personal Trainer in Sorrento Western Australia).

36. The Purchaser needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, catalog and other marketing matter, are planned merely to give an indication of the products explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the goods, an imprint to that effect might be attached and it must not be ruined eliminated or removed from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Personal Training in Sorrento Western Australia.

If the Seller has actually followed a design or instructions given by the Purchaser, the Purchaser will indemnify the Seller against all damages, penalties, expenses and costs of the Seller emerging from any infringement of a patent, hallmark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or direction given by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no obligation will attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or indicated shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no arrangement for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Singara . Unless defined in other places it is the buyer's obligation to acquire any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of performance of this contract anywhere and to the degree to which fulfilment of the same is prevented, annoyed or prevented as a consequence of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

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