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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, 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 Buyer in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller thinks about the Quote contains an error, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, 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 list below rights in relation to the Product until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's properties (or the properties of any associated Company or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Goods are sold by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the invoice price of the Product sold or utilized in the manufacture of the Item offered in a separate identifiable account as the advantageous home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the reality that the Item end up being fixtures connected to the properties of the Buyer or a third party, and if the Seller goes into those facilities for the function of reclaiming ownership of the goods, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Gnangara Western Australia.

Our liability in regard of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the goods, and is only legitimate for defects or failure under correct usage and which occur solely from faulty style, products or workmanship.

Without restricting 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 provided in stipulation 35, all reveal and implied service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, info or services offered by the Seller, its employees, servants or agents to the Buyer concerning the Goods, their usage and application, are expressly left out.

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The Seller will not be responsible to the Buyer 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 emerging as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Product are faulty, the Seller will make great the defect by doing any one of the following at its alternative: (a) fixing the Item; or (b) changing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or getting equivalent Goods; (d) the payment of the cost of having actually the Goods repaired (Gym in Woodvale WA).

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 must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, price lists and other advertising matter, are planned merely to give a sign of the items described therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the items, an imprint to that result may be affixed and it must not be ruined obliterated or removed from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Gym in Ocean Reef Western Australia.

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

Agreements and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Marangaroo . Unless specified in other places it is the purchaser's obligation to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or duty of efficiency of this agreement wherever and to the degree to which fulfilment of the same is prevented, frustrated or prevented as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding statement, financing modification declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Product that have actually formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.