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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 agrees that the issue of the Credit Note is an act of commercial good 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 thinks about the Quote consists of an error, such a mistake of the Purchase Cost, the Seller may at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost and the price 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 until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Buyer's premises (or the properties of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced utilizing the Goods are offered by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Item offered in a different identifiable account as the helpful property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Product become components connected to the properties of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the purpose of recovering belongings of the products, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Hillarys .

Our liability in regard of any problem 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 problem or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the goods, and is just legitimate for problems or failure under appropriate usage and which arise entirely from defective style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in stipulation 35, all express and indicated warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its employees, servants or representatives to the Buyer relating to the Product, their use and application, are specifically omitted.

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The Seller will not be accountable to the Buyer for physical or monetary 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 an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller shall make great the defect by doing any one of the following at its choice: (a) repairing the Goods; or (b) changing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the expense of replacing the Goods or acquiring equivalent Goods; (d) the payment of the expense of having the Product fixed (Nutritionist in Darch ).

36. The Purchaser needs to not return any Item 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 should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our catalogues, rate lists and other advertising matter, are intended merely 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, registered designs or copyright features are embodied in the style of the items, an imprint to that result might be affixed and it should not be defaced obliterated or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Personal Training in Wangara .

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

Contracts and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the giving up causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Gnangara . Unless specified elsewhere it is the buyer's obligation to get any permits 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 efficiency of this agreement any place and to the extent to which fulfilment of the same is avoided, disappointed or prevented as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing declaration, funding change statement, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these conditions make up a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have previously been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.