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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees 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 Buyer 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 contains a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Price and the rate that would have been the Purchase Price if the error had not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Buyer's premises (or the facilities of any associated Company or agent where the Product are situated) 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 using the Item are offered by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the invoice price of the Item offered or utilized in the manufacture of the Product offered in a different 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 Item is not impacted by the truth that the Product become fixtures connected to the premises of the Buyer or a third party, and if the Seller gets in those facilities for the function of recovering belongings of the goods, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Pearsall WA.

Our liability in respect of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the flaw or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the items, and is only valid for flaws or failure under correct use and which emerge entirely from defective design, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in stipulation 35, all reveal and implied warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) guidance, recommendations, information or services supplied by the Seller, its workers, servants or agents to the Purchaser relating to the Goods, their use and application, are expressly excluded.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, details or services provided by the Seller or the Seller's agents or workers.

34. If the Item are faulty, the Seller will make great the flaw by doing any one of the following at its option: (a) fixing the Goods; or (b) replacing the Goods; 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 guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the cost of changing the Product or acquiring comparable Product; (d) the payment of the cost of having actually the Item fixed (Personal Trainer in Joondalup Western Australia).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, rate lists and other advertising matter, are planned merely to provide an indicator of the items described therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that impact might be affixed and it needs to not be defaced eliminated or gotten rid of from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the products. Personal Training in henley Brook WA.

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

Agreements 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 event or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no duty will attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in writing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Singara Western Australia. Unless defined somewhere else it is the purchaser's responsibility to obtain any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of efficiency of this contract any place and to the extent to which fulfilment of the same is avoided, annoyed or hindered as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding statement, financing modification declaration, security arrangement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Goods that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.