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25. If the Seller problems a Credit Note to the Buyer (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 industrial excellent 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 Quotation consists of an error, such a miscalculation of the Purchase Cost, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Price and the price that would have been the Purchase Cost if the error had not been made.

The Seller reserves the list below rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Purchaser's facilities (or the facilities of any associated Company 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 Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured utilizing the Product are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing rate of the Goods sold or utilized in the manufacture of the Product sold in a separate recognizable account as the useful residential or commercial property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Item end up being fixtures attached to the premises of the Buyer or a 3rd party, and if the Seller goes into those premises for the function of reclaiming belongings of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Hillarys .

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the items, and is just valid for problems or failure under appropriate usage and which develop exclusively from malfunctioning style, materials 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. Other than as supplied in clause 35, all express and indicated warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) advice, recommendations, information or services offered by the Seller, its staff members, servants or agents to the Purchaser relating to the Product, their usage and application, are expressly left out.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the advice, recommendations, details or services offered by the Seller or the Seller's representatives or employees.

34. If the Product are faulty, the Seller will make great the problem by doing any one of the following at its option: (a) repairing the Goods; or (b) changing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the expense of changing the Goods or getting equivalent Item; (d) the payment of the expense of having the Product repaired (Nutritionist in Wanneroo ).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements consisted of in our catalogues, cost lists and other marketing matter, are meant merely to provide an indicator of the items explained therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that impact may be affixed and it must not be defaced eliminated or gotten rid of from the items. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the items. Personal Trainer in Tapping .

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

Contracts and shipments may be suspended in the event 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 cause 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 forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in composing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Aveley . Unless specified elsewhere it is the buyer's obligation to acquire any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of performance of this contract wherever and to the level to which fulfilment of the exact same is avoided, disappointed or prevented as a consequence of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, financing change statement, security contract, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these terms and conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Goods that have formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Client.