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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 Purchaser agrees that the problem of the Credit Note is an act of business great 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 thinks about the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Price and the cost that would have been the Purchase Price if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the facilities of any associated Business or representative where the Product lie) without liability for trespass or any resulting damage and to take possession of the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Goods are sold by the Purchaser, the Purchaser shall 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 different identifiable account as the useful home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Item end up being components connected to the properties of the Purchaser or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Wangara WA.

Our liability in regard of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the items, and is only valid for defects or failure under correct use and which develop entirely from faulty style, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as offered in stipulation 35, all express and indicated service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its staff members, servants or representatives to the Buyer regarding the Product, their use and application, are specifically excluded.

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The Seller will not be accountable 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 a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the suggestions, recommendations, information or services supplied by the Seller or the Seller's agents or staff members.

34. If the Goods are defective, the Seller shall make great the defect by doing any one of the following at its choice: (a) fixing the Goods; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or getting comparable Goods; (d) the payment of the cost of having actually the Goods fixed (Group Training in Warwick WA).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first 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, details of weights and dimensions contained in our catalogues, catalog and other marketing matter, are planned simply to offer an indication of the goods described therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the goods, an imprint to that effect may be affixed and it must not be ruined obliterated or gotten rid of from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Group Training in Gnangara .

If the Seller has actually followed a style or directions offered by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller arising from any violation of a patent, hallmark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any style or guideline offered by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or indicated 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 specifically concurred by us in writing no provision 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 will be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Wangara WA. Unless specified elsewhere it is the buyer's responsibility to obtain any authorizations and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of performance of this agreement wherever and to the level to which fulfilment of the very same is avoided, disappointed or impeded as an effect of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, funding modification declaration, security contract, and security interest has actually the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these conditions constitute a security contract for the purposes of the PPSA and develops a security interest in all Goods that have actually formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.