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

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If the Seller thinks about the Quotation consists of an error, such a miscalculation of the Purchase Price, the Seller might at any time, including after shipment of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers 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 Cost and the cost that would have been the Purchase Rate if the mistake had actually not been made.

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

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

30. The Seller's property in the Product is not affected by the truth that the Item end up being fixtures connected to the properties of the Buyer or a third party, and if the Seller gets in those premises for the function of reclaiming possession of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Greenwood WA.

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the defect or failure at our own cost. Our guarantee period is 12 months from the date of approval of the items, and is only valid for defects or failure under correct usage and which develop entirely from defective design, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all express and indicated warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its staff members, servants or representatives to the Purchaser relating to the Product, their usage and application, are specifically excluded.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, recommendations, information or services provided by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller shall make great the flaw by doing any one of the following at its option: (a) fixing the Goods; or (b) replacing the Goods; or (c) taking the items 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 indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Item or acquiring comparable Goods; (d) the payment of the cost of having actually the Product fixed (Nutritionist in henley Brook ).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our catalogues, catalog and other advertising matter, are meant simply to offer an indicator of the items explained therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that effect might be affixed and it must not be ruined obliterated or removed from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Nutritionist in Mullaloo .

If the Seller has followed a style or directions provided by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, charges, costs and costs of the Seller arising from any violation of a patent, hallmark, registered design, copyright or typical law right. The Purchaser on its part warrants that any design or guideline given by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or implied will form part of this contract 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 agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Woodvale . Unless specified in other places it is the buyer's duty to acquire any licenses and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of performance of this agreement any place and to the extent to which fulfilment of the very same is avoided, disappointed or hindered as a consequence of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding statement, financing change statement, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these terms and conditions make up a security arrangement for the functions of the PPSA and develops a security interest in all Item that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.