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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue 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 issue of the Credit Note.

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If the Seller thinks about the Quote contains a mistake, such a mistake of the Purchase Price, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate 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 cost that would have been the Purchase Cost if the error had not been made.

The Seller reserves the list below rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Item; (b) to go into the Purchaser's premises (or the premises of any associated Business 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 Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made utilizing the Goods are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Product sold or used in the manufacture of the Product sold in a separate recognizable account as the useful residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the truth that the Goods become components connected to the properties of the Purchaser or a third party, and if the Seller goes into those premises for the function of reclaiming belongings of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Woodvale WA.

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the goods, and is only valid for problems or failure under appropriate use and which occur solely from faulty style, materials 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 offered in provision 35, all reveal 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 function; or (b) design, assembly, installation, materials or craftsmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its employees, servants or representatives to the Buyer regarding the Goods, their use and application, are specifically left out.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising 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 staff member's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, info or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are defective, the Seller shall make excellent the defect by doing any one of the following at its alternative: (a) fixing the Goods; or (b) replacing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the cost of replacing the Product or getting comparable Goods; (d) the payment of the cost of having actually the Goods repaired (Group Training in Darch ).

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 provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, catalog and other marketing matter, are planned merely to offer an indication of the products explained therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the products, an imprint to that effect may be affixed and it needs to not be defaced eliminated or removed from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Pearsall .

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or performance of any contract, and no duty shall attach to us for any default, loss, damage or delay due to any of the passing up causes.

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

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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 suitable jurisdiction in Australia. 43 - Nutritionist in Woodvale Western Australia. Unless specified somewhere else it is the purchaser's duty to obtain any permits and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of efficiency of this agreement any place and to the level to which fulfilment of the same is prevented, disappointed or prevented 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 clause financing declaration, financing modification declaration, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these terms and conditions constitute a security arrangement for the functions of the PPSA and produces a security interest in all Item that have actually previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.