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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of commercial 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 Quote consists of a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Cost and the rate that would have been the Purchase Price if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Purchaser's properties (or the premises of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to acquire 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 Product are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice rate of the Product sold or used in the manufacture of the Item sold in a separate identifiable account as the useful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the truth that the Goods become fixtures attached to the properties of the Purchaser or a 3rd celebration, and if the Seller goes into those properties for the function of reclaiming possession of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Marangaroo Western Australia.

Our liability in regard of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own cost. Our guarantee period is 12 months from the date of approval of the items, and is only valid for flaws or failure under appropriate usage and which occur entirely from defective design, materials or workmanship.

Without restricting the generality of the forgoing, we will 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 suggested guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, info or services supplied by the Seller, its workers, servants or representatives to the Purchaser regarding the Goods, 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 developing 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 negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, recommendations, info or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Item are faulty, the Seller shall make great the problem by doing any among the following at its choice: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Item or acquiring comparable Product; (d) the payment of the cost of having the Product repaired (Nutritionist in Aveley Western Australia).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, price lists and other marketing matter, are meant simply to provide a sign of the items explained therein and none of these will form part of the contract 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 impact might be attached and it must not be ruined eliminated or eliminated from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Group Training in henley Brook Western Australia.

If the Seller has actually followed a design or directions provided by the Buyer, the Buyer will indemnify the Seller against all damages, charges, expenses and expenditures 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 offered by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or efficiency of any agreement, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or implied will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing 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 brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Aveley Western Australia. Unless defined somewhere else it is the buyer's responsibility to obtain any permits and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be alleviated of our liability or responsibility of performance of this agreement wherever and to the extent to which fulfilment of the very same is prevented, frustrated or hindered as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing declaration, funding modification declaration, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms make up a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have actually formerly been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.