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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Buyer 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 includes a mistake, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Buyer will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction between the Purchase Rate and the cost that would have been the Purchase Cost if the mistake had actually not been made.

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

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If the Goods are re-sold, or items produced utilizing the Goods are offered by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the invoice price of the Item sold or utilized in the manufacture of the Goods sold in a different identifiable account as the advantageous residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not impacted by the reality that the Item end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those premises for the function of reclaiming ownership of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Pearsall WA.

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the products, and is just valid for defects or failure under proper use and which occur exclusively from malfunctioning style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in stipulation 35, all express and indicated guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, setup, products or workmanship; or (c) suggestions, recommendations, info or services supplied by the Seller, its staff members, servants or representatives to the Purchaser concerning the Goods, their usage and application, are expressly excluded.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the recommendations, suggestions, information or services offered by the Seller or the Seller's agents or staff members.

34. If the Product are malfunctioning, the Seller shall make great the flaw by doing any among the following at its alternative: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Product or obtaining comparable Goods; (d) the payment of the cost of having the Product fixed (Group Training in Ellenbrook WA).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, catalog and other marketing matter, are meant merely to provide a sign of the products described therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that effect might be attached and it must not be defaced wiped out or eliminated from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the products. Nutritionist in Mullaloo WA.

If the Seller has followed a design or guidelines offered by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, costs and expenditures of the Seller developing from any violation of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any design or instruction offered by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or typical law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no duty 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 assurances whatsoever on our part whether revealed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in composing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Greenwood . Unless specified in other places it is the buyer's obligation to acquire any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be alleviated of our liability or responsibility of efficiency of this agreement anywhere and to the extent to which fulfilment of the exact same is avoided, frustrated or hindered as an effect of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing declaration, funding modification statement, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Product that have previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.