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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 Buyer agrees that the issue of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller considers the Quotation contains a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Price and the cost that would have been the Purchase Rate 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 fully paid: (a) legal ownership of the Item; (b) to get in the Buyer's facilities (or the premises of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items made using the Product are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice cost of the Product offered or used in the manufacture of the Product offered in a different recognizable account as the advantageous residential or commercial property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Product become components attached to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the function of reclaiming belongings of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Carramar .

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 cost. Our warranty period is 12 months from the date of acceptance of the goods, and is just legitimate for problems or failure under appropriate use and which occur entirely from faulty style, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in stipulation 35, all express and implied 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, setup, materials or craftsmanship; or (c) guidance, recommendations, info or services offered by the Seller, its employees, servants or agents to the Buyer concerning the Goods, their usage and application, are expressly 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 developing 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 staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, information or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is responsible for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the cost of changing the Product or acquiring comparable Goods; (d) the payment of the cost of having the Goods repaired (Nutritionist in henley Brook ).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, cost lists and other marketing matter, are planned simply to provide a sign of the products explained therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the products, an imprint to that result may be attached and it should not be ruined obliterated or removed from the goods. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Darch .

If the Seller has actually followed a design or directions offered by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and expenses of the Seller emerging from any infringement of a patent, hallmark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any design 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 might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or efficiency of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or implied will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in composing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Brabham Western Australia. Unless defined somewhere else it is the purchaser's responsibility to obtain any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of performance of this agreement anywhere and to the level to which fulfilment of the very same is avoided, annoyed or hindered as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding statement, financing modification declaration, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions make up a security arrangement for the purposes of the PPSA and creates a security interest in all Product that have previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.