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

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If the Seller considers the Quotation contains 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 agreement is cancelled after delivery of the Item, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Buyer's properties (or the facilities of any associated Company or representative where the Goods lie) without liability for trespass or any resulting damage and to take ownership of the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made using the Goods are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice price of the Item sold or used in the manufacture of the Goods sold in a separate identifiable account as the helpful home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the fact that the Goods end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of recovering belongings of the items, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in The Vines WA.

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of approval of the products, and is just legitimate for problems or failure under appropriate use and which occur entirely from defective style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in stipulation 35, all reveal and indicated service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) advice, suggestions, information or services offered by the Seller, its employees, servants or representatives to the Purchaser concerning the Item, their use and application, are specifically excluded.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, details or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is liable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Item or obtaining equivalent Goods; (d) the payment of the cost of having actually the Product repaired (Nutritionist in Carramar ).

36. The Purchaser must not return any Product 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 should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our catalogues, rate lists and other marketing matter, are intended merely to give an indicator of the products explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that effect may be affixed and it must not be defaced eliminated or removed from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the items. Nutritionist in Wangara .

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

Contracts and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Lansdale WA. Unless specified somewhere else it is the buyer's duty to get any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be eliminated of our liability or obligation of efficiency of this contract any place and to the extent to which fulfilment of the exact same is avoided, disappointed or impeded as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding declaration, financing change statement, security contract, 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 concurs that these conditions make up a security arrangement for the purposes of the PPSA and develops a security interest in all Product that have previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.