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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser 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 Buyer in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller thinks about the Quote consists of an error, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Rate and the price that would have been the Purchase Rate if the error had actually not been made.

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

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If the Goods are re-sold, or products made utilizing the Item are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the billing cost of the Product offered or utilized in the manufacture of the Item offered in a different recognizable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not affected by the reality that the Goods become components attached to the properties of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming possession of the goods, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Gnangara .

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the flaw or failure at our own cost. Our assurance period is 12 months from the date of approval of the goods, and is just legitimate for flaws or failure under correct use and which occur entirely from malfunctioning style, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in provision 35, all express and suggested service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) suggestions, recommendations, details or services offered by the Seller, its staff members, servants or representatives to the Buyer relating to the Product, their usage and application, are specifically excluded.

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The Seller shall 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 including loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the advice, suggestions, details or services provided by the Seller or the Seller's agents or employees.

34. If the Product are defective, the Seller will make excellent the problem by doing any one of the following at its option: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Product or obtaining equivalent Goods; (d) the payment of the expense of having the Product fixed (Nutritionist in Greenwood ).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, catalog and other advertising matter, are intended simply to provide an indication of the goods explained therein and none of these shall form part of the agreement 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 goods, an imprint to that impact may be affixed and it needs to not be defaced obliterated or removed from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Group Training in Brabham .

If the Seller has followed a design or guidelines provided by the Purchaser, the Purchaser shall indemnify the Seller against all damages, charges, expenses and expenditures of the Seller emerging from any infringement of a patent, trademark, registered style, copyright or common 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, signed up design, trademark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no obligation will attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in composing 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 proper jurisdiction in Australia. 43 - Nutritionist in Warwick WA. Unless specified elsewhere it is the buyer's obligation to get any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of performance of this contract any place and to the level to which fulfilment of the same is avoided, annoyed or hindered as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing declaration, funding change statement, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these conditions make up a security contract for the functions of the PPSA and develops a security interest in all Item that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.