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

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If the Seller considers the Quotation contains an error, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overestimated 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 actually not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Purchaser's properties (or the facilities of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced using the Goods are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing cost of the Item sold or utilized in the manufacture of the Item offered in a different identifiable account as the advantageous property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Goods is not impacted by the reality that the Item become fixtures attached to the premises of the Buyer or a 3rd party, and if the Seller goes into those premises for the function 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 Joondalup .

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the defect or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the goods, and is only legitimate for defects or failure under appropriate use and which emerge solely from malfunctioning 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. Other than as provided in provision 35, all express and implied warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) design, assembly, installation, products or workmanship; or (c) advice, suggestions, information or services provided by the Seller, its employees, servants or representatives to the Purchaser relating to the Product, their usage and application, are specifically excluded.

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The Seller shall 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 Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the advice, recommendations, info or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is accountable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Product or getting equivalent Product; (d) the payment of the cost of having actually the Goods repaired (Gym in Woodvale WA).

36. The Buyer must not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, price lists and other advertising matter, are intended merely to offer an indicator of the products explained therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that impact might be attached and it must not be defaced eliminated or gotten rid of from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Group Training in Ellenbrook WA.

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

Contracts and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing no provision for liquidated damages shall form part of the contract.

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This contract 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 Joondalup . Unless specified somewhere else it is the buyer's obligation to get any authorizations and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of performance of this agreement anywhere and to the extent to which fulfilment of the very same is prevented, disappointed or prevented as a consequence of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding statement, financing modification declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and concurs that these terms make up a security contract for the purposes of the PPSA and develops a security interest in all Product that have formerly been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.