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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer 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 includes an error, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Buyer's properties (or the premises of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured utilizing the Goods are sold by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice price of the Product sold or used in the manufacture of the Product sold in a different identifiable account as the useful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the reality that the Product end up being fixtures connected to the properties of the Purchaser or a 3rd celebration, and if the Seller enters those premises for the function of recovering belongings of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Lansdale Western Australia.

Our liability in respect of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the problem or failure at our own expense. Our warranty period is 12 months from the date of approval of the goods, and is just legitimate for flaws or failure under appropriate use and which arise entirely from malfunctioning style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as supplied in clause 35, all express and suggested service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, recommendations, details or services provided by the Seller, its employees, servants or representatives to the Buyer concerning the Item, their use and application, are specifically left out.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, details or services offered by the Seller or the Seller's representatives or employees.

34. If the Goods are defective, the Seller will make great the problem by doing any among the following at its alternative: (a) fixing the Product; or (b) changing the Goods; or (c) taking the products 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 service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Item or acquiring comparable Product; (d) the payment of the expense of having the Product fixed (Personal Training in Hillarys ).

36. The Buyer must not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, catalog and other advertising matter, are meant simply to give an indicator of the goods explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that impact may be attached and it must not be ruined 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 Aveley Western Australia.

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

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

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in writing 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 will be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in The Vines . Unless specified in other places it is the purchaser's obligation to get any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of efficiency of this contract anywhere and to the level to which fulfilment of the very same is prevented, disappointed or prevented as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing statement, funding change declaration, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these terms and conditions make up a security agreement for the functions of the PPSA and produces a security interest in all Item that have actually formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.