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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the concern 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 issue of the Credit Note.

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If the Seller considers the Quote contains an error, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Price and the price that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Buyer's premises (or the properties of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to take possession of the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items manufactured utilizing the Goods are offered by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Item offered in a different identifiable account as the beneficial home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the reality that the Product end up being fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of reclaiming possession of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Carramar Western Australia.

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the defect or failure at our own expense. Our warranty period is 12 months from the date of approval of the items, and is just legitimate for flaws or failure under proper usage and which arise solely from faulty style, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in stipulation 35, all reveal and implied warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) suggestions, recommendations, info or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Item, their usage and application, are specifically omitted.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's agents or employees.

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

35. If the Seller is accountable for a breach of a condition or warranty suggested by Department 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 Goods or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the expense of changing the Product or obtaining equivalent Goods; (d) the payment of the cost of having actually the Item repaired (Personal Training in Pearsall ).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given its (composed) 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 consisted of in our catalogues, catalog and other advertising matter, are planned merely to offer an indication of the items explained therein and none of these will form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that result might be attached and it should not be ruined eliminated or removed from the goods. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the goods. Group Training in Aveley Western Australia.

If the Seller has actually followed a design or directions given by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, charges, costs and costs of the Seller occurring from any infringement of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing no provision 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 will be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Darch . Unless defined in other places it is the buyer's obligation to obtain any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of performance of this agreement any place and to the level to which fulfilment of the very same is avoided, disappointed or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing 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 writing the Customer acknowledges and agrees that these terms constitute a security arrangement for the functions of the PPSA and produces a security interest in all Goods that have formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.