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25. If the Seller issues a Credit Note to the Buyer (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 industrial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quotation contains an error, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Price and the cost that would have been the Purchase Price if the error had actually not been made.

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

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If the Product are re-sold, or products manufactured using the Item are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the billing rate of the Product sold or utilized in the manufacture of the Goods sold in a separate identifiable account as the helpful property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the reality that the Goods become fixtures attached to the premises of the Purchaser or a third celebration, and if the Seller gets in those facilities for the purpose of reclaiming belongings of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Wangara .

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own cost. Our assurance duration is 12 months from the date of acceptance of the items, and is only valid for defects or failure under correct use and which arise entirely from malfunctioning style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in provision 35, all express and suggested service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) suggestions, recommendations, details or services provided by the Seller, its workers, servants or agents to the Buyer regarding the Product, their usage and application, are expressly excluded.

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The Seller shall not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, recommendations, details or services supplied by the Seller or the Seller's agents or workers.

34. If the Goods are malfunctioning, the Seller will make great the flaw by doing any one of the following at its alternative: (a) fixing the Product; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Department 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 equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Item or acquiring equivalent Item; (d) the payment of the expense of having actually the Goods repaired (Nutritionist in Gnangara WA).

36. The Purchaser needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, cost lists and other advertising matter, are intended merely to offer an indication of the items described therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that effect might be affixed and it should not be defaced eliminated or removed from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Trainer in The Vines Western Australia.

If the Seller has actually followed a style or guidelines offered by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, costs and expenses of the Seller arising from any violation of a patent, trademark, registered design, copyright or common law right. The Buyer on its part warrants that any design or instruction given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Contracts and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Nutritionist in henley Brook . Unless defined in other places it is the buyer's duty to get any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of performance of this contract any place and to the degree to which fulfilment of the exact same is prevented, disappointed or prevented as a repercussion of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing declaration, financing modification declaration, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these conditions constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Item that have actually previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.