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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser 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 Purchaser in relation to any of the matters pertaining to the concern of the Credit Note.

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If the Seller thinks about the Quotation consists of an error, such a miscalculation of the Purchase Price, the Seller might 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 Product, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller thinks about 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 between the Purchase Price and the price that would have been the Purchase Cost if the error had 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 completely paid: (a) legal ownership of the Product; (b) to go into the Purchaser's facilities (or the properties of any associated Business or agent where the Goods are situated) without liability for trespass or any resulting damage and to take possession of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured utilizing the Product are sold 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 Item sold in a separate recognizable account as the beneficial home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the truth that the Goods become components connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those premises for the purpose of recovering ownership of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Warwick .

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our assurance duration is 12 months from the date of approval of the items, and is only valid for problems or failure under correct use and which occur solely from faulty design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as provided in provision 35, all reveal and suggested warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) suggestions, suggestions, details or services provided by the Seller, its workers, servants or agents to the Buyer relating to the Goods, their usage and application, are expressly left out.

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The Seller shall not be liable 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 Item consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, info or services supplied by the Seller or the Seller's representatives or employees.

34. If the Goods are faulty, the Seller shall make great the problem by doing any among the following at its alternative: (a) repairing the Item; 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 guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited 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 Goods or getting equivalent Goods; (d) the payment of the cost of having the Item fixed (Nutritionist in The Vines Western Australia).

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first given 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, details of weights and measurements included in our brochures, cost lists and other advertising matter, are planned simply to give an indicator of the items described therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that result may be affixed and it must not be ruined 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 Joondalup .

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

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no duty 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 warranties whatsoever on our part whether expressed or suggested shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in writing no provision 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 will be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Mullaloo . Unless defined somewhere else it is the purchaser's duty to acquire any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of performance of this contract anywhere and to the level to which fulfilment of the same is avoided, disappointed or impeded as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding declaration, financing change declaration, security agreement, and security interest has actually 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 agreement for the purposes of the PPSA and creates a security interest in all Goods that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.