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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of industrial excellent 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 Quotation consists of a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment 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 Price has actually been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Cost and the cost that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Purchaser's premises (or the premises of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take belongings of 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 made using the Goods are sold by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the billing rate of the Item offered or used in the manufacture of the Goods offered in a separate identifiable account as the beneficial home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not affected by the fact that the Goods become fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller gets in those premises for the purpose of recovering ownership of the goods, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Marangaroo .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the products, and is just valid for problems or failure under correct use and which arise entirely from faulty design, 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. Except as supplied in provision 35, all reveal and suggested guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) advice, suggestions, information or services supplied by the Seller, its employees, servants or representatives to the Buyer regarding the Product, their use and application, are specifically left out.

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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 emerging out of or in relation to the Item including loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, details or services provided by the Seller or the Seller's representatives or workers.

34. If the Product are malfunctioning, the Seller will make great the defect by doing any one of the following at its choice: (a) fixing the Product; or (b) replacing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Item or acquiring comparable Item; (d) the payment of the expense of having actually the Product repaired (Personal Trainer in Wangara WA).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has 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, details of weights and measurements consisted of in our brochures, catalog and other marketing matter, are intended merely to offer an indication of the goods explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the products, an imprint to that effect might be attached and it should not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Trainer in Mullaloo .

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or implied will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing no provision for liquidated damages shall 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 brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in henley Brook . Unless specified somewhere else it is the buyer's duty to acquire any authorizations and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We will be alleviated of our liability or responsibility of efficiency of this agreement wherever and to the level to which fulfilment of the exact same is prevented, annoyed or prevented as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, funding modification declaration, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have actually formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.