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

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If the Seller thinks about the Quotation contains a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate 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 Goods till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Buyer's properties (or the properties of any associated Business or agent where the Item 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 Item are re-sold, or items manufactured using the Product 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 Goods sold or utilized in the manufacture of the Product offered in a different identifiable account as the beneficial residential or commercial property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the fact that the Goods end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Greenwood 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 limited 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 just legitimate for flaws or failure under correct usage and which emerge solely from defective design, products or craftsmanship.

Without limiting 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 supplied in clause 35, all reveal and suggested guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) guidance, suggestions, information or services offered by the Seller, its workers, servants or representatives to the Purchaser relating to the Product, their use and application, are specifically left out.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the recommendations, suggestions, info or services provided by the Seller or the Seller's agents or employees.

34. If the Item are faulty, the Seller shall make excellent the problem by doing any one of the following at its option: (a) fixing the Item; or (b) replacing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Price 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 Product or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the expense of replacing the Goods or acquiring comparable Item; (d) the payment of the expense of having the Goods repaired (Gym in Mullaloo ).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, cost lists and other advertising matter, are intended merely to provide an indicator of the goods described therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that effect may be affixed and it must not be ruined wiped out or gotten rid of from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the items. Nutritionist in Padbury .

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or performance of any agreement, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Woodvale WA. Unless defined in other places it is the buyer's obligation to get any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this agreement any place and to the degree to which fulfilment of the same is prevented, frustrated or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, financing change statement, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these conditions make up a security contract for the functions of the PPSA and produces a security interest in all Product that have previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.