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

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If the Seller considers the Quotation consists of an error, such a mistake of the Purchase Rate, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Cost and the rate that would have been the Purchase Cost if the mistake had not been made.

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

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If the Goods are re-sold, or items produced using the Item are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing price of the Item sold or used in the manufacture of the Product offered in a different recognizable account as the advantageous property of the Seller and shall 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 end up being components connected to the premises of the Purchaser or a 3rd celebration, and if the Seller goes into those properties for the purpose of reclaiming ownership of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Lansdale .

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 good the defect or failure at our own cost. Our assurance duration is 12 months from the date of approval of the goods, and is just valid for defects or failure under proper use and which occur solely from faulty design, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in stipulation 35, all reveal and implied guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its employees, servants or agents to the Purchaser concerning the Product, their use and application, are specifically left out.

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The Seller shall not be liable 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 occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the advice, recommendations, info or services provided by the Seller or the Seller's representatives or staff members.

34. If the Goods are faulty, the Seller will make great the defect by doing any among the following at its alternative: (a) repairing the Goods; or (b) replacing the Item; 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 accountable 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 limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the expense of changing the Product or getting comparable Item; (d) the payment of the cost of having actually the Item repaired (Group Training in Marangaroo WA).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (written) 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 dimensions contained in our catalogues, rate lists and other advertising matter, are intended merely to offer an indicator of the goods described therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the items, an imprint to that impact might be attached and it should not be defaced obliterated or removed from the items. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the products. Group Training in Carramar WA.

If the Seller has actually followed a style or instructions given by the Purchaser, the Purchaser shall indemnify the Seller against all damages, charges, costs and expenses of the Seller emerging from any violation of a patent, hallmark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or direction given by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Greenwood WA. Unless defined somewhere else it is the buyer's responsibility to obtain any permits and approvals. Where any expenses are sustained to obtain 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 degree to which fulfilment of the same is avoided, frustrated or impeded as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

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