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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 agrees that the problem of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quote consists of an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Rate and the cost that would have been the Purchase Price if the error had 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 fully paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's facilities (or the facilities of any associated Company or representative where the Product lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Goods are sold by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the invoice cost of the Goods offered or utilized in the manufacture of the Goods sold in a separate recognizable account as the advantageous property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Item become fixtures connected to the facilities of the Buyer or a 3rd celebration, and if the Seller goes into those premises for the purpose of reclaiming belongings of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Mullaloo WA.

Our liability in regard of any defect in, or failure of the items supplied, 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 cost. Our assurance duration is 12 months from the date of acceptance of the goods, and is just legitimate for flaws or failure under proper usage and which arise exclusively from faulty style, materials or workmanship.

Without restricting 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 clause 35, all reveal and suggested service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their use and application, are expressly excluded.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, suggestions, info or services supplied by the Seller or the Seller's representatives or employees.

34. If the Item are defective, the Seller shall make good the problem by doing any one of the following at its choice: (a) fixing the Item; or (b) replacing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty indicated by Division 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 Item; (c) the payment of the expense of changing the Product or acquiring comparable Item; (d) the payment of the expense of having the Product repaired (Group Training in Mullaloo Western Australia).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, catalog and other advertising matter, are intended merely to offer an indicator of the goods described therein and none of these shall form part of the agreement unless particularly agreed 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 result might be attached and it needs to not be ruined wiped out or eliminated from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the goods. Nutritionist in Ellenbrook .

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

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding 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, guarantees and warranties whatsoever on our part whether expressed or implied will 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 expressly concurred 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 litigation in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Marangaroo . Unless defined in other places it is the purchaser's duty to get any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of performance of this contract wherever and to the level to which fulfilment of the very same is prevented, frustrated or impeded as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing declaration, funding change statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Item that have actually formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.