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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, 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 concern of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the premises of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to acquire 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 products produced utilizing the Product are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Goods sold or used in the manufacture of the Product offered in a different identifiable account as the useful residential or commercial property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the reality that the Goods end up being components connected to the facilities of the Purchaser or a third celebration, and if the Seller goes into those premises for the purpose of recovering belongings of the products, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Brabham .

Our liability in regard of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the problem or failure at our own expense. Our warranty period is 12 months from the date of approval of the items, and is only valid for defects or failure under proper use and which arise exclusively from defective style, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in provision 35, all express and suggested 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, installation, materials or craftsmanship; or (c) suggestions, suggestions, details or services offered by the Seller, its staff members, servants or representatives to the Buyer relating to the Product, their usage and application, are specifically omitted.

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The Seller will not be accountable 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 Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's agents or workers.

34. If the Goods are malfunctioning, the Seller shall make great the flaw by doing any among the following at its choice: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the expense of changing the Goods or acquiring equivalent Product; (d) the payment of the expense of having the Goods fixed (Nutritionist in Mullaloo WA).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given 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, particulars of weights and dimensions consisted of in our catalogues, cost lists and other marketing matter, are intended merely to give an indicator of the items explained therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that effect might be attached and it must not be defaced wiped out or gotten rid of from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Personal Trainer in Tapping WA.

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

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees 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 agreed by us in composing and unless specifically agreed by us in composing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Tapping . Unless specified in other places it is the purchaser's responsibility to obtain any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We will be eliminated of our liability or responsibility of efficiency of this agreement wherever and to the degree to which fulfilment of the same is prevented, disappointed or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing declaration, financing modification statement, security contract, and security interest has actually the meaning provided 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 make up a security contract for the functions of the PPSA and creates a security interest in all Product that have actually formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.