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25. If the Seller concerns a Credit Note to the Purchaser (whether on request 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 relating to the issue of the Credit Note.

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

If the Seller considers that the Purchase Cost has been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Rate and the rate that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Buyer's premises (or the properties of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to take possession of 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 products manufactured utilizing the Product are sold by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice price of the Item offered or used in the manufacture of the Item offered in a separate recognizable account as the beneficial home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the fact that the Product end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those premises for the function of recovering belongings of the goods, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Mullaloo Western Australia.

Our liability in respect of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the flaw or failure at our own expense. Our assurance period is 12 months from the date of approval of the goods, and is only legitimate for flaws or failure under correct usage and which emerge entirely from malfunctioning style, products 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 purchaser. 32. Other than as supplied in clause 35, all express and suggested warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) style, assembly, installation, materials or workmanship; or (c) advice, recommendations, information or services offered by the Seller, its staff members, servants or representatives to the Buyer concerning the Goods, their usage and application, are specifically omitted.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind arising 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 Product; or (c) the guidance, suggestions, info or services offered by the Seller or the Seller's representatives or employees.

34. If the Product are malfunctioning, the Seller shall make great the problem by doing any among the following at its alternative: (a) fixing the Goods; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Product or acquiring equivalent Goods; (d) the payment of the expense of having actually the Goods fixed (Personal Trainer in Marangaroo ).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially provided its (composed) 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 measurements contained in our catalogues, cost lists and other marketing matter, are intended merely to provide a sign of the items explained therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that result might be attached and it should not be defaced eliminated or removed from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the products. Nutritionist in Ocean Reef WA.

If the Seller has actually followed a style or guidelines provided by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenditures 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 guideline offered by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties 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 concurred by us in composing no arrangement for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in The Vines . Unless defined elsewhere it is the buyer's obligation to obtain any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of efficiency of this agreement wherever and to the level to which fulfilment of the same is prevented, disappointed or prevented as a consequence of any statute, rule, regulation, 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 the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these conditions constitute a security contract for the functions of the PPSA and produces a security interest in all Goods that have formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.