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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Purchaser 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 an error, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after shipment 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 Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Rate and the price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Purchaser's properties (or the properties of any associated Business or representative where the Item are situated) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Item 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 will hold such part of the proceeds of any such sale as represents the invoice price of the Item sold or used in the manufacture of the Goods offered in a separate identifiable account as the useful property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the fact that the Product end up being fixtures connected to the premises of the Buyer or a 3rd celebration, and if the Seller enters those properties for the purpose of reclaiming belongings of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Wanneroo WA.

Our liability in regard of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our guarantee period is 12 months from the date of approval of the items, and is just legitimate for defects or failure under proper use and which occur solely from defective design, materials or workmanship.

Without restricting 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 provision 35, all express and implied guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, suggestions, details or services provided by the Seller, its workers, servants or agents to the Purchaser regarding the Item, their use and application, are expressly excluded.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging 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 representatives or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, info or services offered by the Seller or the Seller's agents or workers.

34. If the Product are defective, the Seller will make good the defect by doing any among the following at its choice: (a) fixing the Product; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee suggested 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 Product; (c) the payment of the cost of replacing the Goods or obtaining equivalent Goods; (d) the payment of the cost of having the Product fixed (Personal Training in Ellenbrook ).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, catalog and other marketing matter, are meant merely to provide an indicator of the items described therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the items, an imprint to that effect might be affixed and it should not be ruined obliterated or eliminated from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the items. Nutritionist in Woodvale .

If the Seller has actually followed a design or guidelines given by the Buyer, the Buyer will indemnify the Seller against all damages, charges, costs and expenses of the Seller occurring from any violation of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any design or guideline provided by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or suggested shall form part of this agreement unless specifically 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 litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Mullaloo . Unless defined somewhere else it is the purchaser's obligation to obtain any permits and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the very same is avoided, disappointed or prevented as a consequence of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing declaration, financing change declaration, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and agrees that these terms and conditions make up a security agreement for the functions of the PPSA and produces a security interest in all Goods that have actually formerly been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.