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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate and the rate that would have been the Purchase Cost if the error had 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 completely paid: (a) legal ownership of the Item; (b) to get in the Purchaser's properties (or the facilities of any associated Company or representative where the Goods lie) without liability for trespass or any resulting damage and to take possession of the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products made utilizing the Item are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice cost of the Product sold or used in the manufacture of the Item offered in a separate identifiable account as the beneficial property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Item is not affected 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 premises for the function of reclaiming possession of the products, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Carramar .

Our liability in regard of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the products, and is only valid for defects or failure under appropriate use and which emerge entirely from malfunctioning design, materials or craftsmanship.

Without restricting 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 clause 35, all express and suggested guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its workers, servants or agents to the Purchaser relating to the Item, their usage and application, are expressly excluded.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, information or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is responsible for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or acquiring comparable Item; (d) the payment of the expense of having the Product repaired (Group Training in Ellenbrook WA).

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 initially provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are intended simply to give an indicator of the products explained therein and none of these will form part of the agreement unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the items, an imprint to that result may be affixed and it must not be defaced eliminated or removed from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Group Training in Darch .

If the Seller has followed a style or instructions offered by the Buyer, the Purchaser shall indemnify the Seller versus all damages, charges, costs and expenses of the Seller emerging from any violation of a patent, trademark, registered style, copyright or common law right. The Buyer on its part warrants that any design or guideline offered by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility shall connect 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 revealed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in composing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Gnangara . Unless defined elsewhere it is the purchaser's obligation to get any authorizations and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or duty of efficiency of this agreement any place and to the level to which fulfilment of the very same is avoided, annoyed or prevented as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing modification declaration, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms and conditions make up a security agreement for the functions of the PPSA and develops a security interest in all Item that have previously been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Customer.