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

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If the Seller thinks about the Quotation consists of an error, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Cost and the rate that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Buyer's facilities (or the facilities of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to take belongings of the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced using the Goods are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the billing rate of the Item offered or used in the manufacture of the Goods sold in a different identifiable account as the useful property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not affected by the fact that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of recovering possession of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in The Vines .

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the goods, and is only valid for defects or failure under correct usage and which occur exclusively from faulty style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in provision 35, all reveal and suggested guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its employees, servants or representatives to the Purchaser regarding the Goods, their usage and application, are expressly omitted.

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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 emerging out of or in relation to the Goods including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, information or services provided by the Seller or the Seller's representatives or staff members.

34. If the Goods are malfunctioning, the Seller will make good the defect by doing any among the following at its option: (a) repairing the Item; or (b) changing 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 responsible for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Item or getting equivalent Goods; (d) the payment of the cost of having the Product repaired (Nutritionist in Ellenbrook Western Australia).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided its (written) 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 measurements consisted of in our brochures, rate lists and other advertising matter, are meant simply to offer a sign of the goods described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the goods, an imprint to that impact might be attached and it needs to not be ruined obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the products. Personal Training in Gnangara Western Australia.

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

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Woodvale WA. Unless defined somewhere else it is the purchaser's responsibility to obtain any permits and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of performance of this contract anywhere and to the degree to which fulfilment of the same is avoided, annoyed or hindered as a repercussion of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, financing modification statement, security contract, and security interest has actually the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and agrees that these terms and conditions make up a security contract for the purposes of the PPSA and produces a security interest in all Product that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.