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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the concern of the Credit Note.

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If the Seller considers the Quote consists of a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference between the Purchase Price and the price that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the premises of any associated Company or representative where the Item 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 Item are re-sold, or items manufactured using the Item are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice cost of the Goods sold or utilized in the manufacture of the Product sold in a different recognizable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Product become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming possession of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Brabham WA.

Our liability in respect of any problem in, or failure of the goods supplied, 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 acceptance of the items, and is only legitimate for problems or failure under appropriate usage and which arise entirely from defective style, materials or workmanship.

Without restricting 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 offered in provision 35, all express and indicated service warranties, guarantees and conditions under statute or general 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) suggestions, suggestions, details or services offered by the Seller, its staff members, servants or agents to the Buyer concerning the Goods, their usage and application, are expressly left out.

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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 emerging out of or in relation to the Item including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the suggestions, suggestions, information or services offered by the Seller or the Seller's representatives or employees.

34. If the Item are faulty, the Seller will make great the defect by doing any one of the following at its alternative: (a) repairing the Item; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Rate 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 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the expense of replacing the Goods or obtaining comparable Item; (d) the payment of the cost of having actually the Goods repaired (Nutritionist in Hillarys ).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our brochures, catalog and other marketing matter, are intended simply to provide a sign of the items described therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the goods, an imprint to that impact may be attached and it must not be defaced obliterated or removed from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Nutritionist in Tapping .

If the Seller has followed a design or guidelines given by the Buyer, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller emerging from any violation of a patent, hallmark, signed up style, copyright or typical 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, trademark, copyright or common law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed or implied will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in writing no arrangement for liquidated damages will 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 brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Mullaloo WA. Unless defined in other places it is the buyer's obligation to obtain any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of performance of this contract any place and to the level to which fulfilment of the same is prevented, frustrated or impeded as an effect of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, financing modification declaration, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and develops a security interest in all Item that have actually formerly been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.