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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer 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 Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quote contains an error, such a mistake of the Purchase Cost, the Seller might at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Price and the rate that would have been the Purchase Price if the error had actually 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 fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the properties of any associated Company or representative where the Product lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Goods 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 Buyer will hold such part of the earnings of any such sale as represents the billing price of the Product sold or used in the manufacture of the Product sold in a separate identifiable account as the advantageous property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Goods become fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those facilities for the function of reclaiming ownership of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Greenwood Western Australia.

Our liability in regard of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the flaw or failure at our own expense. Our assurance duration is 12 months from the date of approval of the goods, and is only valid for flaws or failure under proper usage and which develop exclusively from malfunctioning design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all reveal and implied warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, installation, products or workmanship; or (c) guidance, recommendations, information or services provided by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their usage and application, are expressly excluded.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, details or services supplied by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller will make great the defect by doing any one of the following at its choice: (a) repairing the Item; or (b) changing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated 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 equivalent Item, or (b) the repair work of the Item; (c) the payment of the expense of changing the Product or obtaining equivalent Item; (d) the payment of the cost of having actually the Goods repaired (Personal Trainer in Greenwood WA).

36. The Purchaser must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, catalog and other marketing matter, are meant merely to give an indication of the goods 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 designs or copyright features are embodied in the style of the items, an imprint to that effect may be affixed and it needs to not be defaced eliminated or gotten rid of from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the items. Personal Training in Ellenbrook .

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

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

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

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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 appropriate jurisdiction in Australia. 43 - Gym in Woodvale WA. Unless specified somewhere else it is the buyer's duty to acquire any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the exact same is prevented, disappointed or prevented as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing statement, financing modification declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and concurs that these terms constitute a security agreement for the functions of the PPSA and produces a security interest in all Item that have previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.