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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 agrees that the issue of the Credit Note is an act of industrial great 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 Quotation consists of an error, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

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

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

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If the Product are re-sold, or items made using the Goods are sold by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing cost of the Item sold or utilized in the manufacture of the Goods sold in a separate identifiable account as the beneficial 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 Item is not impacted by the reality that the Product end up being components connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering ownership of the products, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Edgewater Western Australia.

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the goods, and is just valid for problems or failure under appropriate use and which arise entirely from malfunctioning style, products or craftsmanship.

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 provided in provision 35, all reveal and indicated service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its workers, servants or representatives to the Buyer relating to the Goods, their usage and application, are specifically left out.

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The Seller will 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 consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, details or services supplied by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller shall make excellent the flaw by doing any one of the following at its alternative: (a) repairing the Item; or (b) changing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or acquiring equivalent Product; (d) the payment of the expense of having actually the Goods repaired (Gym in Marangaroo WA).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are intended simply to offer an indication of the items explained therein and none of these shall form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that result may be affixed and it needs to not be ruined eliminated or removed from the goods. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the goods. Personal Training in Singara .

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

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency 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, service warranties and warranties whatsoever on our part whether revealed or implied shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Ocean Reef . Unless specified in other places it is the buyer's obligation to obtain any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or responsibility of performance of this agreement any place and to the degree to which fulfilment of the exact same is avoided, frustrated 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 clause funding statement, funding change statement, security agreement, and security interest has the significance provided 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 constitute a security arrangement for the functions of the PPSA and creates a security interest in all Goods that have actually formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.