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

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If the Seller thinks about the Quote contains a mistake, such a mistake of the Purchase Rate, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

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

The Seller reserves the list below rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Buyer's premises (or the facilities of any associated Company or representative where the Product lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced utilizing the Goods are sold by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice price of the Product sold or utilized in the manufacture of the Goods sold in a different identifiable account as the beneficial residential or commercial property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Product is not affected by the reality that the Item become components connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those facilities for the function of reclaiming ownership of the items, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Hillarys WA.

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the problem or failure at our own cost. Our assurance period is 12 months from the date of approval of the products, and is just valid for problems or failure under proper use and which occur solely from defective design, products 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 reveal and implied service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, recommendations, information or services offered by the Seller, its staff members, servants or representatives to the Purchaser regarding the Goods, their usage and application, are expressly omitted.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the recommendations, recommendations, 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 great the defect by doing any one of the following at its choice: (a) fixing the Item; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides 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 Product or acquiring comparable Goods; (d) the payment of the expense of having actually the Item repaired (Nutritionist in The Vines WA).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, price lists and other marketing matter, are intended simply to provide an indicator of the items explained therein and none of these will form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that result might be attached and it must not be ruined wiped out or removed from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Group Training in Hillarys .

If the Seller has followed a design or directions given by the Purchaser, the Purchaser shall indemnify the Seller against all damages, charges, expenses and expenditures of the Seller arising from any violation of a patent, trademark, registered design, copyright or common 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 may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no duty shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Sorrento Western Australia. Unless specified somewhere else it is the buyer's responsibility to acquire any permits and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We shall be alleviated of our liability or responsibility of performance of this contract anywhere and to the degree to which fulfilment of the very same is prevented, frustrated or impeded as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing declaration, financing change declaration, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these conditions make up a security contract for the purposes of the PPSA and produces a security interest in all Product that have actually formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.