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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 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 Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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

If the Seller thinks about that the Purchase Price has been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Cost and the price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the properties of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items made utilizing the Item are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing price of the Item sold or utilized in the manufacture of the Goods sold in a different identifiable account as the beneficial residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not affected by the fact that the Item become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the function of recovering belongings of the products, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Sorrento Western Australia.

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the problem or failure at our own cost. Our guarantee period is 12 months from the date of approval of the products, and is only legitimate for problems or failure under appropriate usage and which occur entirely from defective 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 purchaser. 32. Except as provided in stipulation 35, all express and indicated service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, recommendations, information or services offered by the Seller, its employees, servants or representatives to the Purchaser relating to the Item, their usage and application, are expressly excluded.

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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 developing 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 negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, information or services provided by the Seller or the Seller's representatives or staff members.

34. If the Item are defective, the Seller will make great the defect by doing any one of the following at its choice: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the cost of replacing the Product or getting equivalent Goods; (d) the payment of the expense of having the Product fixed (Group Training in Tapping Western Australia).

36. The Purchaser needs to not return any Product which the Purchaser 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 needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, catalog and other advertising matter, are intended simply to offer an indication of the products explained therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that effect may be affixed and it should not be ruined wiped out or removed from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Personal Training in Aveley .

If the Seller has followed a style or guidelines given by the Buyer, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller developing from any violation of a patent, hallmark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or instruction provided by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade conflict, 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 postponing the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed 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 writing and unless expressly concurred by us in composing 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 proper jurisdiction in Australia. 43 - Group Training in Carramar WA. Unless specified elsewhere it is the purchaser's obligation to obtain any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We shall be eased of our liability or duty of performance of this contract any place and to the level to which fulfilment of the same is avoided, disappointed or prevented as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing declaration, funding change declaration, security agreement, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms make up a security contract for the functions of the PPSA and develops a security interest in all Product that have actually previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.