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25. If the Seller problems 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 business excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Rate and the price that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Buyer's facilities (or the properties of any associated Company or representative 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 Product are re-sold, or products produced utilizing the Item are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or utilized in the manufacture of the Item offered in a different recognizable account as the useful home of the Seller and shall 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 Goods end up being components connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those properties for the function of reclaiming ownership of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Aveley Western Australia.

Our liability in regard of any flaw 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 warranty duration is 12 months from the date of approval of the items, and is just valid for flaws or failure under proper use and which occur exclusively from malfunctioning style, products 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 buyer. 32. Other than as offered in clause 35, all express and indicated guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) advice, suggestions, details or services provided by the Seller, its workers, servants or agents to the Purchaser relating to the Goods, their usage and application, are expressly excluded.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, suggestions, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Goods are malfunctioning, the Seller will make great the problem by doing any among the following at its choice: (a) repairing the Product; or (b) replacing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Goods or acquiring equivalent Goods; (d) the payment of the expense of having actually the Goods fixed (Nutritionist in Edgewater WA).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first offered 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, particulars of weights and measurements contained in our brochures, price lists and other marketing matter, are planned simply to offer an indication of the products described therein and none of these will form part of the contract unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the items, an imprint to that impact might be affixed and it needs to not be ruined obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Nutritionist in Edgewater .

If the Seller has followed a design or instructions provided by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller developing from any infringement of a patent, trademark, registered design, copyright or typical law right. The Buyer on its part warrants that any design or direction offered by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Contracts and shipments might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any contract, and no obligation will attach 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 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 agreed by us in composing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Wangara WA. Unless defined somewhere else it is the buyer's responsibility 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 eliminated of our liability or duty of performance of this agreement anywhere and to the degree to which fulfilment of the same is avoided, annoyed or impeded as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, financing change declaration, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these terms constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.