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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 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 referring to the issue of the Credit Note.

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

If the Seller considers that the Purchase Cost has actually been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the cost that would have been the Purchase Price if the error had actually not been made.

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

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If the Goods are re-sold, or items produced using the Product are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice rate of the Item sold or utilized in the manufacture of the Product sold in a different identifiable account as the helpful 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 Goods is not affected by the reality that the Item become fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller enters those facilities for the function of reclaiming ownership of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in The Vines WA.

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the problem or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the goods, and is only valid for flaws or failure under appropriate use and which arise entirely from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in stipulation 35, all express and suggested warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) guidance, recommendations, details or services supplied by the Seller, its employees, servants or representatives to the Buyer regarding the Item, their usage and application, are expressly left out.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, info or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is accountable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Item or obtaining comparable Goods; (d) the payment of the expense of having actually the Product fixed (Gym in Darch Western Australia).

36. The Purchaser needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote 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 catalogues, rate lists and other marketing matter, are planned simply to give an indication of the products explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that impact may be affixed and it needs to not be ruined eliminated or eliminated from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Nutritionist in Sorrento Western Australia.

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or suggested shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in composing no arrangement 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 - Nutritionist in Warwick . Unless defined somewhere else it is the buyer's obligation to get any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or obligation of efficiency of this agreement any place and to the level to which fulfilment of the exact same is prevented, disappointed or hindered as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, financing modification statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and concurs that these conditions constitute a security arrangement for the functions of the PPSA and develops a security interest in all Product that have actually formerly been supplied which will be supplied in the future by FLEX FITNESS Devices to the Consumer.