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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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

If the Seller thinks about that the Purchase Rate has been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Rate and the cost 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 Goods until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the facilities of any associated Business or representative where the Product lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made using the Product are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Item sold or utilized in the manufacture of the Product sold in a separate identifiable account as the advantageous home of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Item is not affected by the reality that the Item end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming possession of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Ellenbrook .

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the products, and is only legitimate for defects or failure under appropriate usage and which arise entirely from faulty style, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as supplied in stipulation 35, all express and suggested service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) advice, recommendations, details or services supplied by the Seller, its workers, servants or agents to the Purchaser relating to the Product, their usage and application, are expressly omitted.

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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 developing out of or in relation to the Goods including loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the advice, recommendations, information or services provided by the Seller or the Seller's agents or staff members.

34. If the Goods are malfunctioning, the Seller will make good the defect by doing any one of the following at its choice: (a) repairing the Product; or (b) changing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty indicated 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 Goods or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the cost of replacing the Goods or getting equivalent Item; (d) the payment of the expense of having actually the Item repaired (Nutritionist in Greenwood ).

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 first given its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, catalog and other marketing matter, are meant merely to offer an indication of the goods described therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that result might be attached and it should not be defaced wiped out or removed from the items. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Personal Training in Padbury .

If the Seller has actually followed a design or directions provided by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, expenses and costs of the Seller arising from any violation of a patent, hallmark, signed up style, copyright or typical law right. The Buyer on its part warrants that any design or instruction provided by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or efficiency of any agreement, 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, warranties and guarantees 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 concurred by us in writing and unless expressly agreed by us in composing 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 shall be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Joondalup WA. Unless defined in other places it is the purchaser's duty to obtain any permits and approvals. Where any expenses are incurred to obtain 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, annoyed or prevented as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

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