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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller considers the Quotation includes an error, such a miscalculation 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 Product, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate and the price that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to go into the Purchaser's properties (or the premises of any associated Business or representative where the Item are situated) without liability for trespass or any resulting damage and to seize the Item; 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 produced using the Goods are offered by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the invoice price of the Product sold or used in the manufacture of the Goods offered in a different identifiable account as the advantageous residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the fact that the Product become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of reclaiming possession of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in henley Brook WA.

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 defect or failure at our own expense. Our assurance duration is 12 months from the date of approval of the goods, and is only legitimate for defects or failure under appropriate use 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 purchaser. 32. Other than as supplied in clause 35, all reveal and implied service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) guidance, suggestions, information or services supplied by the Seller, its staff members, servants or agents to the Purchaser regarding the Item, their use and application, are expressly excluded.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the recommendations, recommendations, information or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller shall make good the flaw by doing any among the following at its alternative: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has 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 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or obtaining equivalent Item; (d) the payment of the expense of having actually the Item fixed (Gym in Hillarys WA).

36. The Purchaser needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other marketing matter, are intended merely to give a sign 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, signed up styles or copyright features are embodied in the design of the goods, an imprint to that effect may be affixed and it needs to not be ruined obliterated or gotten rid of from the items. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the products. Personal Trainer in The Vines Western Australia.

If the Seller has actually followed a design or directions given by the Purchaser, the Purchaser will indemnify the Seller against all damages, penalties, costs and expenses of the Seller developing from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Buyer on its part warrants that any design or direction offered by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or performance 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, guarantees and guarantees whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Darch . Unless specified elsewhere it is the buyer's obligation to acquire any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We shall be alleviated of our liability or responsibility of efficiency of this agreement anywhere and to the level to which fulfilment of the exact same is avoided, disappointed or impeded as an effect of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, funding modification declaration, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and concurs that these conditions make up a security contract for the functions of the PPSA and produces a security interest in all Product that have formerly been provided and that will be provided in the future by FLEX FITNESS Devices to the Customer.