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

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If the Seller thinks about the Quotation includes an error, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Product available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference between the Purchase Cost and the cost that would have been the Purchase Price if the error had actually not been made.

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

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If the Product are re-sold, or products manufactured utilizing the Product are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Goods offered in a separate identifiable account as the advantageous home of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the reality that the Goods become fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller gets in those properties for the function of reclaiming ownership of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Wangara WA.

Our liability in respect of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own expense. Our warranty duration is 12 months from the date of approval of the goods, and is only legitimate for defects or failure under proper usage and which emerge solely from malfunctioning design, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all reveal and implied service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, suggestions, details or services supplied by the Seller, its staff members, servants or agents to the Buyer relating to the Goods, their usage and application, are specifically excluded.

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The Seller shall not be accountable to the Purchaser 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 including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, recommendations, info or services supplied by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller will make good the flaw by doing any among the following at its alternative: (a) repairing the Item; or (b) replacing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the cost of changing the Product or obtaining comparable Product; (d) the payment of the cost of having actually the Product fixed (Group Training in Wangara WA).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements contained in our brochures, catalog and other marketing matter, are intended simply to provide an indicator of the items described therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the goods, an imprint to that result may be attached and it must not be defaced obliterated or removed from the goods. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Brabham .

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

Contracts and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing 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 shall be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Joondalup WA. Unless specified in other places it is the buyer's duty to get any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We shall be alleviated of our liability or responsibility of efficiency of this contract anywhere and to the degree to which fulfilment of the exact same is avoided, disappointed or hindered as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, funding change statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms make up a security arrangement for the purposes of the PPSA and develops a security interest in all Item that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Customer.