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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 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 mistake of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Buyer will make the Product offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate and the rate that would have been the Purchase Rate 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 totally paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the facilities of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products made utilizing the Goods are offered by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing price of the Item sold or used in the manufacture of the Product sold in a separate identifiable account as the beneficial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the fact that the Item become components connected to the premises of the Purchaser 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 versus that liability. Nutritionist in Padbury WA.

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own expense. Our assurance duration is 12 months from the date of approval of the products, and is only legitimate for defects or failure under proper use and which emerge entirely from defective design, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in provision 35, all reveal and indicated warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) recommendations, recommendations, details or services offered by the Seller, its employees, servants or representatives to the Purchaser relating to the Product, their usage and application, are expressly excluded.

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The Seller will not be accountable 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 Product consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, details or services offered by the Seller or the Seller's agents or workers.

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

35. If the Seller is responsible for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Product or getting equivalent Product; (d) the payment of the cost of having the Item fixed (Nutritionist in Lansdale ).

36. The Purchaser must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are intended merely to provide a sign of the products 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 features are embodied in the design of the products, an imprint to that result might be attached and it needs to not be ruined wiped out or eliminated from the items. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the products. Group Training in Lansdale .

If the Seller has followed a design or directions provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenses of the Seller developing from any violation of a patent, hallmark, registered design, copyright or typical law right. The Buyer on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency of any agreement, and no obligation will 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 revealed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing no arrangement 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 generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Carramar Western Australia. Unless specified elsewhere it is the buyer's obligation 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 eased of our liability or responsibility of efficiency of this agreement wherever and to the extent to which fulfilment of the exact same is prevented, frustrated or prevented as a consequence of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing statement, financing change statement, security arrangement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and concurs that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Item that have previously been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.