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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 concern of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller thinks about the Quotation contains a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Cost and the price that would have been the Purchase Cost if the error had not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter 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 Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Product are sold by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing cost of the Item offered or utilized in the manufacture of the Goods sold in a separate recognizable account as the advantageous home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the truth that the Goods become components connected to the properties of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of recovering possession of the goods, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Sorrento WA.

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the goods, and is just legitimate for problems or failure under appropriate usage and which arise exclusively from defective design, products or workmanship.

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 provided in provision 35, all express and implied service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) advice, suggestions, details or services supplied by the Seller, its staff members, servants or representatives to the Buyer relating to the Product, their use and application, are expressly excluded.

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The Seller shall not be responsible 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 Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, information or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its alternative: (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 actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted 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 Item or getting equivalent Product; (d) the payment of the expense of having the Item fixed (Personal Training in The Vines WA).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other advertising matter, are planned simply to give an indicator of the products explained therein and none of these will form part of the contract 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 effect may be attached and it needs to not be defaced obliterated or removed from the goods. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Nutritionist in Sorrento WA.

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

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or indicated will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in composing no arrangement for liquidated damages will 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 brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Singara . Unless specified elsewhere it is the buyer's obligation to get any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this contract wherever and to the extent to which fulfilment of the same is prevented, annoyed or impeded as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding declaration, financing change declaration, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these terms make up a security contract for the purposes of the PPSA and creates a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Consumer.