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

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If the Seller considers the Quotation includes a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Cost and the rate that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Purchaser's facilities (or the properties of any associated Company or representative where the Product are located) 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 Item are re-sold, or items manufactured using the Product are sold by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Goods offered in a different identifiable account as the advantageous property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not affected by the truth that the Goods become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of recovering possession of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Padbury Western Australia.

Our liability in respect of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the products, and is just legitimate for defects or failure under appropriate usage and which develop solely from defective design, materials or workmanship.

Without restricting 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 express and implied service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its employees, servants or agents to the Purchaser relating to the Goods, their use and application, are specifically excluded.

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The Seller shall not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, suggestions, info or services offered by the Seller or the Seller's agents or employees.

34. If the Item are malfunctioning, the Seller will make great the defect by doing any among the following at its alternative: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Goods or acquiring equivalent Goods; (d) the payment of the expense of having the Item fixed (Group Training in Darch WA).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, rate lists and other advertising matter, are meant merely to provide an indicator of the goods described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that effect might be affixed and it must not be ruined wiped out or removed from the items. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Nutritionist in Ellenbrook Western Australia.

If the Seller has actually followed a design or guidelines given by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenses of the Seller emerging from any infringement of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or performance of any contract, 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, service warranties and assurances whatsoever on our part whether revealed or suggested will form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred 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 shall be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Wangara WA. Unless specified in other places it is the buyer's duty to acquire any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of efficiency of this contract any place and to the extent to which fulfilment of the very same is avoided, annoyed or impeded as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing declaration, financing modification statement, 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 Consumer acknowledges and agrees that these conditions make up a security contract for the functions of the PPSA and creates a security interest in all Product that have actually previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.