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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of industrial good 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 thinks about the Quotation contains a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference between the Purchase Cost and the rate that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the properties of any associated Company or agent where the Goods are located) without liability for trespass or any resulting damage and to seize the Item; 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 made using the Goods are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing cost of the Product offered or utilized in the manufacture of the Product sold in a different identifiable account as the beneficial home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's home in the Item is not affected by the reality that the Item end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of recovering belongings of the goods, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Warwick WA.

Our liability in respect of any problem in, or failure of the items 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 assurance period is 12 months from the date of approval of the items, and is only legitimate for flaws or failure under correct use and which emerge exclusively from faulty 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 clause 35, all reveal and implied guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) guidance, suggestions, information or services supplied by the Seller, its workers, servants or agents to the Buyer regarding the Item, their usage and application, are specifically excluded.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the suggestions, suggestions, info or services provided by the Seller or the Seller's representatives or staff members.

34. If the Product are malfunctioning, the Seller shall make great the defect by doing any one of the following at its option: (a) repairing the Product; or (b) changing the Goods; or (c) taking the products 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 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or getting comparable Goods; (d) the payment of the expense of having the Goods fixed (Personal Training in Edgewater WA).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, catalog and other advertising matter, are meant simply to provide an indication of the items 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 styles or copyright features are embodied in the style of the items, an imprint to that impact may be attached and it must not be ruined eliminated or gotten rid of from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the goods. Personal Training in Gnangara .

If the Seller has followed a style or guidelines provided by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and expenses of the Seller occurring from any violation of a patent, hallmark, signed up style, copyright or common law right. The Purchaser on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no obligation shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Wanneroo . Unless specified in other places it is the purchaser's responsibility to obtain any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or duty of efficiency of this contract wherever and to the level to which fulfilment of the same is avoided, annoyed or prevented as an effect of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing statement, funding change declaration, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and agrees that these conditions make up a security agreement for the purposes of the PPSA and produces a security interest in all Item that have previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.