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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, 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 referring to the issue of the Credit Note.

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If the Seller thinks about the Quote includes an error, such a mistake of the Purchase Rate, the Seller might at any time, including after delivery of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in 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 following rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Item; (b) to go into the Buyer's premises (or the premises of any associated Business or representative where the Product are situated) without liability for trespass or any resulting damage and to acquire 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 items produced using the Product are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice price of the Product offered or used in the manufacture of the Goods offered in a different identifiable account as the advantageous residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Goods is not impacted by the reality that the Product become fixtures attached to the premises of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of recovering ownership of the products, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in The Vines Western Australia.

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the problem or failure at our own cost. Our warranty period is 12 months from the date of approval of the products, and is only legitimate for problems or failure under appropriate use and which occur solely from faulty 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. Other than as supplied in stipulation 35, all reveal and indicated service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its workers, servants or representatives to the Purchaser relating to the Item, their usage and application, are specifically omitted.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, recommendations, information or services provided by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller shall make great the flaw by doing any among the following at its choice: (a) repairing the Product; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Goods or obtaining comparable Item; (d) the payment of the cost of having the Goods repaired (Personal Trainer in Warwick Western Australia).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are intended simply to provide an indicator of the items described therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the items, an imprint to that result might be attached and it needs to not be defaced eliminated or removed from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the goods. Group Training in Darch .

If the Seller has followed a design or guidelines offered by the Purchaser, the Purchaser shall indemnify the Seller against all damages, charges, costs and costs of the Seller occurring from any violation of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or instruction provided by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility shall 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 revealed or indicated will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred 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 litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Brabham . Unless specified elsewhere it is the buyer's responsibility to acquire any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or duty of performance of this agreement any place and to the degree to which fulfilment of the same is avoided, annoyed or impeded as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

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