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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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

If the Seller thinks about that the Purchase Price has actually been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Rate and the price that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Buyer 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 Business or representative where the Product are located) 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 Product are re-sold, or products made utilizing the Product are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing cost of the Product offered or utilized in the manufacture of the Product sold in a different recognizable account as the advantageous home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not affected by the truth that the Item become components connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming possession of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Padbury .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the defect or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the goods, and is just valid for flaws or failure under appropriate usage and which occur solely from defective design, 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 supplied in stipulation 35, all reveal and implied warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) advice, recommendations, info or services offered by the Seller, its staff members, servants or representatives to the Purchaser regarding the Item, their usage and application, are specifically excluded.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, info or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are malfunctioning, the Seller shall make excellent the problem by doing any among the following at its choice: (a) fixing the Product; or (b) changing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the cost of replacing the Product or acquiring equivalent Goods; (d) the payment of the expense of having the Goods repaired (Personal Trainer in Hillarys ).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (written) 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 brochures, cost lists and other marketing matter, are planned simply to provide an indication of the goods described therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the items, an imprint to that result might be attached and it should not be defaced obliterated or eliminated from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the products. Personal Training in Brabham Western Australia.

If the Seller has actually followed a design or guidelines offered by the Buyer, the Purchaser shall indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller developing from any violation of a patent, hallmark, registered design, 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, registered design, hallmark, copyright or common law right.

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

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly 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 lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Ocean Reef WA. Unless defined somewhere else it is the buyer's duty to acquire any licenses and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We shall be alleviated of our liability or duty of efficiency of this contract wherever and to the extent to which fulfilment of the very same is prevented, disappointed or impeded as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing statement, funding 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 writing the Customer acknowledges and concurs that these terms and conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Goods that have actually previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.