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

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If the Seller considers the Quotation consists of an error, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate 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 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 completely paid: (a) legal ownership of the Item; (b) to enter the Buyer's premises (or the facilities of any associated Company or representative where the Product are situated) without liability for trespass or any resulting damage and to acquire the Product; 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 sold by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing price of the Goods offered or utilized in the manufacture of the Product offered in a separate identifiable account as the advantageous property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Item is not impacted by the reality that the Product become components connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the purpose of recovering belongings of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Lansdale Western Australia.

Our liability in regard of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own cost. Our warranty period is 12 months from the date of approval of the products, and is just legitimate for defects or failure under appropriate use and which develop entirely from defective design, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as provided in stipulation 35, all express and suggested guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, recommendations, info or services provided by the Seller, its employees, servants or representatives to the Buyer regarding the Item, their usage and application, are specifically omitted.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, information or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are defective, the Seller will make great the problem by doing any one of the following at its option: (a) repairing the Product; or (b) replacing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Item or getting equivalent Item; (d) the payment of the expense of having the Goods fixed (Personal Training in Lansdale WA).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has 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, particulars of weights and measurements contained in our brochures, price lists and other advertising matter, are meant simply to give a sign of the products explained therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that impact may be attached and it needs to not be ruined wiped out or gotten rid of from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Nutritionist in Tapping Western Australia.

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

Agreements and shipments might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Aveley Western Australia. Unless defined in other places it is the buyer's duty to acquire any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

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

45. 1 In this stipulation financing declaration, financing change declaration, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and concurs that these terms and conditions make up a security agreement for the functions of the PPSA and develops a security interest in all Product that have formerly been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.