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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of commercial good 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 contains a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

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

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Purchaser'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 Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured utilizing the Goods are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Item offered in a separate recognizable account as the useful 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 Goods is not impacted by the fact that the Item end up being fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming belongings of the goods, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Darch WA.

Our liability in regard of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own cost. Our assurance period is 12 months from the date of approval of the goods, and is just legitimate for defects or failure under proper usage and which arise exclusively 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 buyer. 32. Except as supplied in clause 35, all reveal and indicated service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) advice, recommendations, info or services offered by the Seller, its workers, servants or agents to the Buyer concerning the Item, their usage and application, are expressly left out.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, installation, 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 Item are defective, the Seller will make great the defect by doing any one of the following at its alternative: (a) fixing the Product; or (b) changing 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 liable for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Goods or acquiring equivalent Item; (d) the payment of the cost of having actually the Product fixed (Gym in Joondalup Western Australia).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, catalog and other advertising matter, are planned merely to offer an indication of the items explained therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the products, an imprint to that effect may be attached and it should not be defaced eliminated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Nutritionist in Ocean Reef WA.

If the Seller has followed a style or guidelines provided by the Purchaser, the Buyer shall indemnify the Seller versus 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 Purchaser on its part warrants that any style or direction offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Agreements and shipments 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 cause beyond our control avoiding or delaying the execution or efficiency of any agreement, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties 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 agreed by us in composing and unless expressly concurred by us in composing no provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Sorrento WA. Unless defined elsewhere it is the buyer's duty to acquire any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of efficiency of this agreement any place and to the degree to which fulfilment of the very same is prevented, disappointed or impeded as an effect of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing declaration, funding change statement, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and develops a security interest in all Product that have formerly been provided and that will be supplied in the future by FLEX FITNESS Devices to the Customer.