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

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If the Seller thinks about the Quote includes a mistake, such a mistake of the Purchase Price, the Seller might at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Cost and the price that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Goods 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 premises (or the facilities of any associated Company or agent where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Goods are sold by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the billing rate of the Item offered or used in the manufacture of the Item offered in a separate identifiable account as the advantageous home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item 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 enters those properties for the purpose of recovering possession of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Padbury .

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the products, and is only valid for flaws or failure under appropriate use and which occur solely from faulty design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in stipulation 35, all reveal and suggested guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, recommendations, info or services offered by the Seller, its employees, servants or agents to the Buyer regarding the Goods, their usage and application, are expressly excluded.

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The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, suggestions, information or services supplied by the Seller or the Seller's representatives or employees.

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

35. If the Seller is liable 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 restricted to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Goods or acquiring comparable Goods; (d) the payment of the cost of having the Item repaired (Personal Trainer in Brabham ).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our brochures, catalog and other marketing matter, are meant merely to give an indicator of the products described therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the goods, an imprint to that result may be attached and it should not be defaced wiped out or eliminated from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the goods. Group Training in Mullaloo .

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

Agreements and deliveries 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 event or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Edgewater . Unless specified somewhere else it is the buyer's obligation to acquire any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of performance of this contract wherever and to the extent to which fulfilment of the very same is prevented, frustrated or impeded as an effect of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing statement, financing modification declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and concurs that these terms make up a security arrangement for the purposes of the PPSA and creates a security interest in all Goods that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.