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

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If the Seller considers the Quotation contains a mistake, 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 agreement is cancelled after shipment of the Product, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been overlooked 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 price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Purchaser's premises (or the properties of any associated Business or agent where the Product are located) 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 Product are re-sold, or items made using 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 Item sold or utilized in the manufacture of the Goods sold in a separate recognizable account as the advantageous home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Product end up being components connected to the properties of the Buyer or a 3rd celebration, and if the Seller gets in those facilities for the purpose of reclaiming ownership of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Pearsall Western Australia.

Our liability in respect of any problem in, or failure of the products provided, 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 cost. Our assurance period is 12 months from the date of approval of the goods, and is only valid for flaws or failure under proper usage and which occur entirely from defective style, 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 offered in clause 35, all express and indicated warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) style, assembly, setup, products or workmanship; or (c) suggestions, recommendations, details or services supplied by the Seller, its employees, servants or agents to the Purchaser relating to the Item, their usage and application, are specifically left out.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods including loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, suggestions, 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 problem by doing any among the following at its alternative: (a) repairing the Item; or (b) changing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Goods or obtaining comparable Item; (d) the payment of the expense of having the Item repaired (Personal Training in Gnangara Western Australia).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first 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, details of weights and measurements consisted of in our catalogues, catalog and other marketing matter, are planned simply to provide a sign of the items described therein and none of these will form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that impact may be affixed and it should not be defaced eliminated or removed from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Nutritionist in Warwick WA.

If the Seller has actually followed a design or guidelines given by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenses of the Seller arising from any infringement of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied will form part of this contract 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 contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in The Vines WA. Unless defined in other places it is the buyer's responsibility to obtain any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

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

45. 1 In this clause financing statement, financing modification declaration, security agreement, and security interest has actually the significance 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 and conditions make up a security contract for the functions of the PPSA and produces a security interest in all Goods that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.