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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 issue of the Credit Note is an act of commercial 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 thinks about the Quote includes an error, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been miscalculated and chooses 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 Rate if the error had not been made.

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

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If the Goods are re-sold, or items produced utilizing the Product are sold by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the billing rate of the Product offered or utilized in the manufacture of the Goods sold in a separate recognizable account as the helpful home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Product is not affected by the fact that the Item end up being components connected to the premises of the Buyer or a third party, and if the Seller enters those premises for the function of reclaiming possession of the goods, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Greenwood Western Australia.

Our liability in respect 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 products, and is only valid for problems or failure under correct use and which occur exclusively from faulty design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in provision 35, all reveal and implied guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) suggestions, suggestions, details or services provided by the Seller, its workers, servants or representatives to the Buyer concerning the Product, their use and application, are expressly left out.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Product including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller shall make great the problem by doing any one of the following at its choice: (a) fixing the Product; or (b) changing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee suggested 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 Item or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Item or getting comparable Goods; (d) the payment of the cost of having the Product fixed (Group Training in The Vines WA).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, catalog and other advertising matter, are meant simply to offer an indicator of the goods described therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the items, an imprint to that result may be attached and it should not be ruined obliterated or eliminated from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the items. Nutritionist in Sorrento .

If the Seller has followed a design or directions given by the Purchaser, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and expenditures 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 design or guideline provided by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or typical law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or implied shall form part of this contract 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 writing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Aveley WA. Unless defined somewhere else it is the purchaser's obligation to acquire any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of performance of this agreement wherever and to the degree to which fulfilment of the very same is avoided, disappointed or impeded as an effect of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, funding change statement, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and produces a security interest in all Product that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.