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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 good faith by the Seller and not an admission of liability to the Buyer 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 contains an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Price and the price that would have been the Purchase Rate if the mistake had not been made.

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

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If the Product are re-sold, or items produced utilizing the Product are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing rate of the Goods sold or used in the manufacture of the Item sold in a different recognizable account as the useful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not impacted by the fact that the Item become components connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those facilities for the function of recovering possession of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in henley Brook .

Our liability in regard of any problem 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 expense. Our guarantee period is 12 months from the date of acceptance of the goods, and is just legitimate for flaws or failure under correct use and which develop exclusively from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in stipulation 35, all express and suggested service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, info or services supplied by the Seller, its workers, servants or agents to the Buyer concerning the Goods, their usage and application, are specifically left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item including loss or damage emerging 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, suggestions, information or services provided by the Seller or the Seller's agents or workers.

34. If the Item are defective, the Seller will make great the defect by doing any among the following at its option: (a) repairing the Item; or (b) changing the Item; or (c) taking the products 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 indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Product or getting comparable Goods; (d) the payment of the cost of having actually the Product repaired (Personal Training in Joondalup WA).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first provided its (written) 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 measurements contained in our catalogues, price lists and other advertising matter, are meant simply to provide an indication of the items explained therein and none of these will form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that impact may be affixed and it needs to not be defaced obliterated or eliminated from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Nutritionist in Brabham .

If the Seller has followed a design or instructions offered by the Buyer, the Purchaser shall indemnify the Seller against all damages, charges, costs and costs of the Seller occurring from any infringement of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or direction offered by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Agreements and shipments may be suspended in the event 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 cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or suggested will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in composing no provision for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Padbury WA. Unless defined somewhere else it is the purchaser's duty to acquire any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of performance of this contract wherever and to the extent to which fulfilment of the same is avoided, disappointed or hindered as an effect of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, financing modification declaration, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer 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 Item that have formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.