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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the problem of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a mistake of the Purchase Price, the Seller might at any time, including after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Rate and the rate 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 Product till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's facilities (or the facilities of any associated Business or representative where the Item are located) without liability for trespass or any resulting damage and to take ownership of the Product; 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 manufactured utilizing the Product are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Item sold in a different identifiable account as the advantageous home of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the reality that the Product end up being components connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering belongings of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Darch .

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the problem or failure at our own expense. Our guarantee period is 12 months from the date of approval of the products, and is only valid for defects or failure under appropriate use and which develop exclusively from malfunctioning style, materials or workmanship.

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. Other than as supplied in clause 35, all reveal and indicated warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, details or services supplied by the Seller, its workers, servants or representatives to the Purchaser concerning the Goods, their usage and application, are specifically excluded.

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The Seller shall not be responsible to the Buyer 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 developing as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the advice, recommendations, information or services provided by the Seller or the Seller's representatives or staff members.

34. If the Product are malfunctioning, the Seller shall make great the flaw by doing any among the following at its option: (a) repairing the Goods; or (b) changing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted 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 changing the Item or getting equivalent Product; (d) the payment of the expense of having actually the Product repaired (Gym in Greenwood WA).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our catalogues, cost lists and other marketing matter, are planned simply to provide a sign of the goods described therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that impact might be attached and it must not be ruined wiped out or eliminated from the items. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Nutritionist in Brabham WA.

If the Seller has actually followed a design or instructions offered by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, costs and costs of the Seller developing from any infringement of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, 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 assurances whatsoever on our part whether revealed or indicated will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly 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 litigation in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Ocean Reef Western Australia. Unless specified elsewhere it is the purchaser's duty to obtain any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of performance of this agreement wherever and to the degree to which fulfilment of the very same is prevented, disappointed or impeded as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, funding modification statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and agrees that these conditions 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 provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.