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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Buyer 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 a mistake, such a mistake of the Purchase Cost, the Seller may at any time, including after delivery of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the contract, 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 error had actually not been made.

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

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If the Item are re-sold, or items manufactured using the Product are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the billing cost of the Goods offered or utilized in the manufacture of the Goods offered in a different identifiable account as the advantageous home of the Seller and will pay such amount to the Seller upon request.

30. The Seller's property in the Item is not impacted by the truth that the Product end up being components connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those premises for the function of reclaiming belongings of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Ocean Reef Western Australia.

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the problem or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the products, and is only valid for problems or failure under correct use and which arise solely from faulty style, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as supplied in clause 35, all express and suggested warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, details or services offered by the Seller, its staff members, servants or representatives to the Buyer regarding the Goods, their use 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 arising out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the guidance, suggestions, details or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Item or obtaining equivalent Product; (d) the payment of the cost of having the Product fixed (Nutritionist in Aveley Western Australia).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first 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 measurements consisted of in our catalogues, cost lists and other advertising matter, are meant simply to provide a sign of the goods explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that result might be affixed and it must not be defaced eliminated or eliminated from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Personal Trainer in Padbury Western Australia.

If the Seller has followed a design or instructions given by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenses of the Seller occurring from any violation of a patent, trademark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any style or instruction provided by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, 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 giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied will form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in writing no arrangement 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 brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Greenwood Western Australia. Unless defined in other places it is the purchaser's duty to get any authorizations and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be eased of our liability or obligation of efficiency of this contract anywhere and to the level to which fulfilment of the very same is avoided, annoyed or prevented as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, funding modification statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these terms constitute a security contract for the functions of the PPSA and develops a security interest in all Product that have actually previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.