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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller thinks about the Quote consists of an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including 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 Item available for collection by the Seller when needed by the Seller.

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

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

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If the Item are re-sold, or products made using the Goods are offered by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the billing cost of the Item offered or used in the manufacture of the Goods sold in a separate identifiable account as the beneficial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Product become fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those properties for the purpose of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Wangara WA.

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own cost. Our assurance period is 12 months from the date of approval of the items, and is just valid for problems or failure under appropriate use and which develop entirely from malfunctioning 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 buyer. 32. Other than as offered in clause 35, all reveal and implied guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) guidance, recommendations, information or services provided by the Seller, its staff members, servants or agents to the Buyer relating to the Item, their use and application, are specifically omitted.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, recommendations, info or services offered by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the cost of changing the Goods or acquiring comparable Product; (d) the payment of the cost of having actually the Item fixed (Nutritionist in Sorrento ).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually 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, particulars of weights and measurements included in our brochures, rate lists and other advertising matter, are planned simply to offer an indication of the goods described therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the goods, an imprint to that result may be attached and it must not be ruined eliminated 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 items. Group Training in The Vines .

If the Seller has actually followed a style or instructions offered by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, expenses and costs of the Seller arising from any violation of a patent, trademark, registered style, copyright or common law right. The Buyer on its part warrants that any style or direction provided by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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

We will be alleviated of our liability or obligation of performance of this agreement any place and to the degree to which fulfilment of the exact same is prevented, frustrated or hindered as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing statement, financing change statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and develops a security interest in all Goods that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.