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25. If the Seller issues 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 excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller thinks about the Quotation contains a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Rate and the cost that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Purchaser's premises (or the premises of any associated Company or representative 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 produced using the Product are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice rate of the Item sold or used in the manufacture of the Product sold in a separate identifiable account as the helpful residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not affected by the truth that the Product become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those facilities for the function of recovering possession of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Warwick Western Australia.

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the goods, and is just legitimate for flaws or failure under proper use and which emerge entirely from faulty style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in provision 35, all express and indicated guarantees, assurances and conditions under statute or general 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) recommendations, suggestions, details or services supplied by the Seller, its employees, servants or agents to the Buyer relating to the Goods, their usage and application, are specifically omitted.

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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 Goods consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the recommendations, suggestions, details or services offered by the Seller or the Seller's agents or workers.

34. If the Product are faulty, the Seller will make great the flaw by doing any among the following at its choice: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Rate 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 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 Item; (c) the payment of the cost of replacing the Product or getting comparable Item; (d) the payment of the cost of having actually the Goods repaired (Gym in Carramar ).

36. The Buyer must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our brochures, catalog and other advertising matter, are intended merely to provide a sign of the products explained therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that effect might be affixed and it should not be defaced eliminated or gotten rid of from the goods. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the products. Group Training in Ocean Reef .

If the Seller has followed a design or instructions provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, costs and costs of the Seller developing from any violation of a patent, trademark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or guideline given 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 conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or implied will 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 specifically agreed by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This contract 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 Greenwood . Unless specified somewhere else it is the buyer's duty to acquire any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of efficiency of this contract any place and to the extent to which fulfilment of the same is prevented, disappointed or impeded as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing change declaration, security arrangement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and concurs that these terms and conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Item that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.