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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial 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 an error, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Price and the price 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 until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Buyer's premises (or the facilities of any associated Company or agent where the Item are situated) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Item are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice rate of the Goods sold or utilized in the manufacture of the Product sold in a separate identifiable account as the beneficial home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the reality that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those premises for the function of reclaiming possession of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Hillarys Western Australia.

Our liability in respect of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the items, and is just valid for defects or failure under appropriate usage and which arise solely from defective style, products or workmanship.

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. Except as supplied in provision 35, all reveal and suggested service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its staff members, servants or agents to the Purchaser relating to the Item, their usage and application, are expressly omitted.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, info or services supplied by the Seller or the Seller's representatives or employees.

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

35. If the Seller is accountable 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 Goods or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Item or obtaining equivalent Goods; (d) the payment of the cost of having actually the Goods repaired (Group Training in Edgewater ).

36. The Purchaser must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially 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, particulars of weights and dimensions contained in our catalogues, catalog and other advertising matter, are meant merely to give an indication of the goods described therein and none of these shall form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the goods, an imprint to that effect may be attached and it needs to not be defaced eliminated or eliminated from the products. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Nutritionist in Edgewater WA.

If the Seller has followed a style or directions provided by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, costs and costs of the Seller emerging from any infringement of a patent, trademark, registered style, copyright or common law right. The Buyer on its part warrants that any style or instruction offered by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

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

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Tapping Western Australia. Unless defined somewhere else it is the buyer's obligation to get any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or duty of efficiency of this contract any place and to the level to which fulfilment of the exact same is avoided, annoyed or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

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