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25. If the Seller issues 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 referring to the issue of the Credit Note.

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If the Seller thinks about the Quotation includes an error, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's properties (or the premises of any associated Company or agent where the Goods lie) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products produced utilizing the Product are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the billing cost of the Goods offered or used in the manufacture of the Item sold in a different recognizable account as the useful property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not affected by the fact that the Item become fixtures attached to the facilities of the Purchaser or a 3rd party, 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 Buyer indemnifies the Seller versus that liability. Personal Training in Tapping 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 flaw or failure, is limited to making great the defect or failure at our own cost. Our assurance period is 12 months from the date of approval of the goods, and is just valid for flaws or failure under correct usage and which emerge exclusively from faulty design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as provided in stipulation 35, all reveal and indicated guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its workers, servants or representatives to the Buyer concerning the Product, their use and application, are expressly left out.

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The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring 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 worker's carelessness; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, information or services offered by the Seller or the Seller's representatives or staff members.

34. If the Product are defective, the Seller will make great the flaw by doing any one of the following at its alternative: (a) fixing the Product; or (b) changing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the expense of replacing the Item or getting equivalent Goods; (d) the payment of the cost of having actually the Item fixed (Personal Training in Warwick WA).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first given its (composed) approval to their return. Their return needs to 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, rate lists and other marketing matter, are meant merely to provide an indication of the goods explained therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the goods, an imprint to that impact may be attached and it must not be ruined obliterated or removed from the goods. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Group Training in Sorrento WA.

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

Agreements and shipments might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or indicated shall form part of this agreement unless specifically stated 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 litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Tapping . Unless defined elsewhere it is the buyer's duty to acquire any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of efficiency of this contract any place and to the degree to which fulfilment of the same is prevented, frustrated or prevented as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing statement, financing change declaration, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Item that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.