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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser 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 issue of the Credit Note.

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If the Seller considers the Quotation includes a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

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

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Buyer's facilities (or the facilities of any associated Company or agent where the Item are situated) without liability for trespass or any resulting damage and to acquire the Item; 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 Goods are offered by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Item offered in a separate identifiable account as the helpful home of the Seller and will pay such amount to the Seller upon request.

30. The Seller's property in the Product is not affected by the truth that the Item become components connected to the facilities 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 any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in The Vines Western Australia.

Our liability in regard of any defect 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 defect or failure at our own expense. Our assurance period is 12 months from the date of approval of the goods, and is just legitimate for defects or failure under correct usage and which occur exclusively from faulty design, materials or workmanship.

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 provided in stipulation 35, all reveal and indicated guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its staff members, servants or agents to the Buyer regarding the Item, their use and application, are specifically excluded.

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The Seller will not be responsible to the Purchaser for physical or financial 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 a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, details or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is liable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the expense of replacing the Goods or getting equivalent Item; (d) the payment of the expense of having the Product fixed (Group Training in Lansdale WA).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (composed) 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 contained in our catalogues, catalog and other marketing matter, are intended merely to offer a sign of the items described therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the goods, an imprint to that result may be affixed and it should not be defaced obliterated or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Nutritionist in Carramar .

If the Seller has actually followed a style or instructions given by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller emerging from any infringement of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any style or guideline provided by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or suggested shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly 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 lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Carramar . Unless specified elsewhere it is the purchaser's duty to obtain any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of performance of this agreement anywhere and to the level to which fulfilment of the same is prevented, frustrated or prevented as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

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