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

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If the Seller thinks about the Quotation includes an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Price and the price that would have been the Purchase Price if the mistake had not been made.

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

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If the Goods are re-sold, or products produced using the Product are sold by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the billing cost of the Product offered or utilized in the manufacture of the Item sold in a separate identifiable account as the advantageous home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Product is not impacted by the fact that the Goods end up being fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming ownership of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Wangara WA.

Our liability in respect of any problem in, or failure of the products 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 acceptance of the items, and is just legitimate for defects or failure under appropriate use and which develop entirely from defective style, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in clause 35, all reveal and implied warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) guidance, suggestions, info or services offered by the Seller, its employees, servants or representatives to the Purchaser relating to the Product, their use and application, are specifically left out.

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The Seller shall not be responsible 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 consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, recommendations, information or services provided by the Seller or the Seller's agents or employees.

34. If the Item are defective, the Seller will make great the problem by doing any one of the following at its choice: (a) repairing the Product; or (b) changing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Product or obtaining equivalent Goods; (d) the payment of the expense of having actually the Item fixed (Personal Trainer in Carramar ).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided 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 measurements consisted of in our brochures, price lists and other marketing matter, are planned merely to give an indicator of the products described therein and none of these will form part of the contract unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that result might be attached and it must not be defaced obliterated or eliminated from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Personal Training in Wanneroo WA.

If the Seller has followed a style or instructions provided by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, costs and costs of the Seller emerging from any infringement of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or instruction offered by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or performance of any agreement, and no obligation will attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or indicated will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in The Vines . Unless defined somewhere else it is the buyer's responsibility to acquire any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of efficiency of this agreement anywhere and to the degree to which fulfilment of the very same is avoided, annoyed or hindered as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing change statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and concurs that these terms make up a security contract for the functions of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.