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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quotation includes a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Rate and the cost 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 until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the properties of any associated Business or agent where the Item are situated) without liability for trespass or any resulting damage and to take ownership of the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced utilizing the Product are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice price of the Goods sold or utilized in the manufacture of the Item offered in a different identifiable account as the useful property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the truth that the Item become components connected to the facilities of the Purchaser or a third celebration, and if the Seller goes into those properties for the purpose of recovering possession of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Mullaloo .

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the products, and is only legitimate for problems or failure under correct usage and which occur solely from faulty style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in stipulation 35, all express and indicated warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) advice, suggestions, info or services supplied by the Seller, its staff members, servants or representatives to the Purchaser concerning the Product, their use and application, are specifically excluded.

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The Seller shall not be liable to the Buyer 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 including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, information or services offered by the Seller or the Seller's agents or workers.

34. If the Item are defective, the Seller will make great the defect by doing any one of the following at its alternative: (a) fixing the Product; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Price 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 Item, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Product or obtaining comparable Product; (d) the payment of the expense of having actually the Item fixed (Personal Training in Ocean Reef WA).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements consisted of in our brochures, cost lists and other advertising matter, are intended simply to provide an indicator of the products described therein and none of these shall 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 effect might be affixed and it must not be ruined obliterated or gotten rid of from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the goods. Personal Training in Woodvale Western Australia.

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

Agreements and shipments 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 responsibility will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or indicated shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing 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 brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Padbury . Unless specified somewhere else it is the buyer's responsibility to get any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of performance of this agreement wherever and to the level to which fulfilment of the same is prevented, annoyed or impeded as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding statement, funding modification declaration, security contract, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and agrees that these conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Product that have actually previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.