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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 Purchaser concurs that the problem 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 Quote contains a mistake, such a miscalculation of the Purchase Rate, 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 Item, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference between the Purchase Price and the price that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's properties (or the premises of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or products made using the Product are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice cost of the Goods sold or used in the manufacture of the Goods sold in a separate recognizable account as the beneficial property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the truth that the Item become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those facilities for the function of reclaiming ownership of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Hillarys Western Australia.

Our liability in regard of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own cost. Our guarantee period is 12 months from the date of approval of the items, and is only legitimate for problems or failure under correct use and which develop exclusively from defective style, products or workmanship.

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. Except as offered in stipulation 35, all reveal and indicated service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its staff members, servants or agents to the Buyer relating to the Item, their usage 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 Goods including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's agents or workers.

34. If the Item are malfunctioning, the Seller shall make great the defect by doing any among the following at its alternative: (a) repairing the Item; or (b) replacing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Item or acquiring equivalent Item; (d) the payment of the cost of having actually the Product fixed (Nutritionist in Warwick Western Australia).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are intended simply to offer an indicator of the products explained therein and none of these will form part of the agreement unless specifically agreed in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the goods, an imprint to that impact may be attached and it should not be defaced wiped out or removed from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the goods. Nutritionist in Lansdale Western Australia.

If the Seller has actually followed a design or guidelines offered by the Buyer, the Purchaser shall indemnify the Seller against all damages, charges, costs and expenditures of the Seller arising from any violation of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline provided by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Agreements and shipments may 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 trigger beyond our control preventing or delaying the execution or performance of any agreement, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or suggested shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in writing no provision for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Woodvale . Unless defined elsewhere it is the purchaser's responsibility to acquire any permits and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We will be alleviated of our liability or obligation of performance of this agreement wherever and to the extent to which fulfilment of the exact same is avoided, annoyed or impeded as a consequence of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, financing modification statement, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and agrees that these terms make up a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have formerly been provided which will be supplied in the future by FLEX FITNESS Devices to the Consumer.