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25. If the Seller problems 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 commercial great 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 Quote consists of an error, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference between the Purchase Cost 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 Goods up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Buyer's properties (or the premises of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or items made utilizing the Item are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing cost of the Item offered or utilized in the manufacture of the Goods sold in a separate identifiable account as the useful home of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's home in the Item is not affected by the fact that the Goods become fixtures attached to the facilities of the Purchaser or a third celebration, and if the Seller gets in those properties for the function of reclaiming ownership of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Edgewater .

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the goods, and is only legitimate for flaws or failure under proper usage and which emerge exclusively from faulty style, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in stipulation 35, all express and implied warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) design, assembly, setup, products or workmanship; or (c) guidance, suggestions, info or services provided by the Seller, its employees, servants or representatives to the Purchaser relating to the Product, their usage and application, are specifically omitted.

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The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product including loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's agents or employees.

34. If the Product are faulty, the Seller will make great the flaw by doing any among the following at its option: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from 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 Product; (c) the payment of the expense of changing the Product or getting comparable Item; (d) the payment of the expense of having actually the Item fixed (Nutritionist in Mullaloo 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 actually first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, catalog and other advertising matter, are planned merely to offer a sign of the goods described therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that effect may be affixed and it should not be defaced obliterated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the goods. Gym in Padbury Western Australia.

If the Seller has followed a design or guidelines provided by the Buyer, the Purchaser will indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller emerging from any infringement of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any style or direction offered 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 the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no obligation will attach to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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

We will be eased of our liability or responsibility of performance of this agreement any place and to the degree to which fulfilment of the exact same is avoided, frustrated or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

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