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

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

If the Seller considers that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Price and the rate that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the facilities of any associated Business or agent where the Product lie) 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 Product are re-sold, or items manufactured using the Goods are sold by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice price of the Item sold or utilized in the manufacture of the Item sold in a different identifiable account as the advantageous residential or commercial property 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 impacted by the truth that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming belongings of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in henley Brook .

Our liability in respect of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the goods, and is just valid for defects or failure under appropriate usage and which emerge exclusively from faulty 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 purchaser. 32. Except as offered in stipulation 35, all express and indicated service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) guidance, suggestions, info or services offered by the Seller, its staff members, servants or representatives to the Purchaser regarding the Item, their use and application, are expressly 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 occurring out of or in relation to the Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, suggestions, details or services provided by the Seller or the Seller's representatives or employees.

34. If the Product are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its choice: (a) repairing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Division 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 Goods, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Product or getting equivalent Product; (d) the payment of the cost of having the Item repaired (Gym in Ellenbrook ).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation 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, particulars of weights and measurements consisted of in our brochures, rate lists and other marketing matter, are intended merely to give an indication of the products explained therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that effect might be affixed and it needs to not be defaced wiped out or gotten rid of from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Nutritionist in Ellenbrook .

If the Seller has actually followed a style or directions provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, costs and costs of the Seller arising from any violation of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or direction provided by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no responsibility will connect to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Brabham . Unless defined somewhere else it is the purchaser's responsibility to acquire any authorizations 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 extent to which fulfilment of the very same is prevented, annoyed or hindered as a consequence of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing statement, funding modification declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms constitute a security arrangement for the purposes 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 Client.