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25. If the Seller issues a Credit Note to the Buyer (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 business excellent 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 includes a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Price and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Buyer's properties (or the premises of any associated Company or agent where the Product are situated) without liability for trespass or any resulting damage and to seize 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 products made using the Item are sold by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice price of the Product offered or utilized in the manufacture of the Goods offered in a separate identifiable account as the useful property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Product is not affected by the truth that the Item end up being fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming belongings of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Ocean Reef .

Our liability in regard 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 guarantee period is 12 months from the date of approval of the items, and is only legitimate for flaws or failure under proper usage and which arise entirely from faulty design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in stipulation 35, all reveal and implied guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) suggestions, suggestions, details or services supplied by the Seller, its employees, servants or representatives to the Purchaser regarding the Item, their use and application, are expressly omitted.

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The Seller will not be liable to the Purchaser 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 consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, recommendations, information or services offered by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller will make great the defect by doing any among the following at its alternative: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods 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 Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or acquiring equivalent Item; (d) the payment of the cost of having the Item fixed (Nutritionist in Carramar WA).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other marketing matter, are meant merely to give an indication of the items explained therein and none of these shall form part of the contract unless particularly agreed in composing.

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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 impact might be affixed and it should not be ruined wiped out or removed from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the items. Group Training in Hillarys Western Australia.

If the Seller has followed a style or directions offered by the Buyer, the Buyer shall indemnify the Seller against all damages, charges, expenses and expenses of the Seller arising from any violation of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or guideline offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no duty 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 guarantees 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 agreed by us in composing and unless specifically agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Greenwood WA. Unless defined somewhere else it is the buyer's responsibility to acquire any permits and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or duty of efficiency of this agreement any place and to the level to which fulfilment of the same is prevented, frustrated or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, financing change statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Item that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.