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25. If the Seller problems a Credit Note to the Buyer (whether on request 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 Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller thinks about the Quote consists of a mistake, 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 agreement is cancelled after shipment of the Item, the Purchaser will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Buyer's facilities (or the facilities of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to seize 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 made utilizing the Product are sold by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice rate of the Goods offered or used in the manufacture of the Goods sold in a separate identifiable account as the useful residential or commercial property of the Seller and shall 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 become components connected to the facilities of the Purchaser or a third party, and if the Seller goes into those premises for the purpose of recovering ownership of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Brabham WA.

Our liability in respect of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own cost. Our assurance duration is 12 months from the date of approval of the goods, and is only legitimate for flaws or failure under appropriate usage and which develop solely from faulty design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in stipulation 35, all reveal and suggested warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, setup, products or workmanship; or (c) suggestions, suggestions, info or services provided by the Seller, its staff members, servants or agents to the Purchaser concerning the Goods, their use and application, are expressly omitted.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's representatives or employees.

34. If the Goods are malfunctioning, the Seller will make excellent the defect by doing any one of the following at its alternative: (a) fixing the Goods; or (b) replacing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Product or obtaining comparable Product; (d) the payment of the cost of having the Product repaired (Personal Trainer in Hillarys Western Australia).

36. The Buyer must not return any Product which the Buyer 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 must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, catalog and other advertising matter, are meant merely to provide an indicator of the products explained therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that impact may be affixed and it should not be ruined obliterated or gotten rid of from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Nutritionist in Mullaloo WA.

If the Seller has actually followed a design or instructions provided by the Buyer, the Buyer shall indemnify the Seller against all damages, charges, costs and expenses of the Seller developing from any infringement of a patent, hallmark, signed up design, copyright or typical law right. The Buyer on its part warrants that any design or instruction given by it will not cause the Seller to infringe any patent, signed up design, hallmark, 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 disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, and no obligation shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or indicated will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in writing no provision 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 shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in The Vines . Unless specified elsewhere it is the purchaser's obligation to obtain any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be alleviated of our liability or responsibility of performance of this contract any place and to the level to which fulfilment of the very same is prevented, annoyed or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, funding change declaration, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have actually previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.