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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial great 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 miscalculation of the Purchase Price, the Seller might at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Cost and the cost that would have been the Purchase Rate if the error had not been made.

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

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If the Goods are re-sold, or products produced utilizing the Goods are offered by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice price of the Product offered or utilized in the manufacture of the Product sold in a separate recognizable account as the helpful home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the truth that the Goods end up being fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of recovering belongings of the products, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Woodvale WA.

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the problem or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the goods, and is only valid for problems or failure under proper use and which arise solely from malfunctioning design, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in stipulation 35, all express and indicated guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Item, their use and application, are expressly left out.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial 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 staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, information or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is responsible for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Goods or acquiring equivalent Product; (d) the payment of the expense of having actually the Product fixed (Gym in Aveley Western Australia).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first provided its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, catalog and other advertising matter, are meant merely to give a sign of the goods explained therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that impact may be attached and it should not be ruined wiped out or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Nutritionist in henley Brook .

If the Seller has actually followed a style or instructions provided by the Buyer, the Buyer shall indemnify the Seller against all damages, charges, expenses and costs of the Seller emerging from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any style or direction offered by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no obligation shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or implied will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Mullaloo . Unless specified somewhere else it is the buyer's obligation to obtain any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be eased of our liability or duty of efficiency of this contract anywhere and to the level 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 judgment made there under.

45. 1 In this clause funding statement, financing change declaration, security arrangement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and agrees that these terms constitute a security arrangement for the functions of the PPSA and produces a security interest in all Product that have formerly been supplied which will be provided in the future by FLEX FITNESS Devices to the Customer.