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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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

If the Seller thinks about that the Purchase Cost has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the price that would have been the Purchase Rate if the error had 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 totally paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's premises (or the facilities of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take possession of the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured using the Item are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Product offered or used in the manufacture of the Item offered in a separate recognizable account as the beneficial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the fact that the Item become fixtures attached to the properties of the Purchaser or a 3rd party, and if the Seller goes into those properties for the purpose of reclaiming belongings of the products, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in The Vines .

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the flaw or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under correct use and which occur entirely from malfunctioning style, materials or craftsmanship.

Without restricting 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 express and indicated service warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) guidance, recommendations, information or services offered by the Seller, its workers, servants or agents to the Purchaser relating to the Product, their use and application, are specifically left out.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, recommendations, information or services supplied by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller will make good the problem by doing any among 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 Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Item or obtaining equivalent Product; (d) the payment of the cost of having actually the Goods repaired (Gym in Gnangara ).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, price lists and other marketing matter, are planned simply to give an indication of the goods described therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that result may be affixed and it needs to not be ruined wiped out or eliminated from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Group Training in henley Brook .

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

Contracts and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no duty shall connect 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 suggested will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in composing no provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Greenwood . Unless defined somewhere else it is the buyer's obligation to get any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of efficiency of this agreement wherever and to the degree to which fulfilment of the same is prevented, annoyed or prevented as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding declaration, funding modification declaration, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these terms constitute a security contract for the functions of the PPSA and develops a security interest in all Goods that have previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.