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

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If the Seller considers the Quotation includes a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, including after shipment of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost and the cost that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Buyer's properties (or the properties of any associated Business or agent where the Product 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 items produced using the Goods are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice rate of the Item offered or used in the manufacture of the Product sold in a different identifiable account as the useful residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Item is not impacted by the reality that the Item end up being fixtures connected to the properties of the Purchaser or a third party, and if the Seller enters those properties for the purpose of reclaiming ownership of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Gnangara .

Our liability in respect of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the problem or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the items, and is only valid for flaws or failure under correct usage and which occur solely from faulty style, materials or craftsmanship.

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 provided in provision 35, all reveal and implied warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, details or services provided by the Seller, its staff members, servants or agents to the Buyer concerning the Product, their use and application, are specifically left out.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the suggestions, suggestions, details or services provided by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller will make excellent the problem by doing any among the following at its choice: (a) fixing the Item; or (b) changing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee implied by Division 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 Goods or supply of comparable Item, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Item or getting equivalent Item; (d) the payment of the expense of having the Item fixed (Personal Training in Sorrento ).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, cost lists and other marketing matter, are intended merely to give a sign of the goods explained therein and none of these shall form part of the contract unless specifically agreed in composing.

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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 effect may be attached and it needs to not be defaced wiped out or removed from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the items. Nutritionist in Lansdale .

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

Contracts and shipments might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing 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 giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied will 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 concurred by us in writing no provision for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Singara Western Australia. Unless specified in other places it is the purchaser's obligation to obtain any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of efficiency of this contract anywhere and to the degree to which fulfilment of the exact same is prevented, annoyed or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, funding modification declaration, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these conditions constitute a security arrangement for the purposes of the PPSA and creates a security interest in all Goods that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.