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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 Buyer concurs that the issue of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer 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 Quote consists of a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, including after shipment of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Rate and the price that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Product till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the premises 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 Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products produced utilizing the Item are offered by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the billing cost of the Goods offered 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 residential or commercial property in the Product is not affected by the fact that the Goods end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those facilities for the function of recovering ownership of the items, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Mullaloo 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 good the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the items, and is only valid for defects or failure under proper usage and which occur entirely from malfunctioning style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in provision 35, all reveal and indicated warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) advice, suggestions, info or services offered by the Seller, its employees, servants or agents to the Buyer relating to the Item, their use and application, are expressly excluded.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, information or services provided by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller shall make excellent the flaw by doing any one of the following at its alternative: (a) repairing the Product; or (b) replacing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or getting equivalent Product; (d) the payment of the expense of having the Goods fixed (Group Training in Padbury ).

36. The Buyer must not return any Product which the Purchaser 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 Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, catalog and other advertising matter, are planned simply to give a sign of the products described 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 design of the goods, an imprint to that impact might be affixed and it should not be ruined obliterated or removed from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Personal Trainer in Pearsall .

If the Seller has actually followed a style or directions given by the Purchaser, the Purchaser will indemnify the Seller against all damages, penalties, expenses and costs of the Seller emerging from any infringement of a patent, hallmark, registered style, copyright or typical law right. The Buyer on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or performance of any agreement, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no provision 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 generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Pearsall . Unless defined in other places it is the buyer's obligation to obtain any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or responsibility of performance of this agreement wherever and to the extent 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 provision funding statement, funding change declaration, security arrangement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and develops a security interest in all Item that have actually formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.