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

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

If the Seller thinks about that the Purchase Rate has actually been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Rate 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 Goods up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to go into the Buyer's properties (or the properties of any associated Company or agent where the Item are situated) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made utilizing the Item are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Product offered or used in the manufacture of the Product sold in a separate recognizable account as the beneficial home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the reality that the Item become components attached to the premises of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the purpose of recovering possession of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Hillarys Western Australia.

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the defect or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the items, and is only valid for defects or failure under correct use and which develop solely from faulty 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 clause 35, all express and suggested service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) design, assembly, setup, materials or workmanship; or (c) suggestions, suggestions, information or services offered by the Seller, its employees, servants or representatives to the Buyer relating to the Item, their usage and application, are specifically left out.

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The Seller shall not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, suggestions, information or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller shall make great the flaw by doing any one of the following at its alternative: (a) fixing the Product; or (b) changing the Goods; or (c) taking the products 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 service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of changing the Goods or getting comparable Product; (d) the payment of the cost of having the Product fixed (Nutritionist in The Vines WA).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, catalog and other advertising matter, are planned merely to provide a sign of the products described therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that effect might be attached and it must not be ruined obliterated or removed from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Nutritionist in Carramar .

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

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty shall 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 assurances whatsoever on our part whether expressed or suggested shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no arrangement 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 suitable jurisdiction in Australia. 43 - Group Training in Hillarys . Unless defined in other places it is the buyer's responsibility to acquire any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or obligation of performance of this contract anywhere and to the extent to which fulfilment of the same is prevented, frustrated or hindered as an effect of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing declaration, funding modification declaration, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and concurs that these terms and conditions make up a security agreement for the purposes of the PPSA and develops a security interest in all Item that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.