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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 concurs that the issue of the Credit Note is an act of industrial 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 Quote contains an error, such a mistake of the Purchase Rate, the Seller may at any time, including after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

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

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Buyer's facilities (or the properties of any associated Company or representative where the Goods lie) without liability for trespass or any resulting damage and to take belongings of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items produced using the Product are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the billing cost of the Goods offered or utilized in the manufacture of the Product offered in a separate recognizable account as the beneficial home of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Item is not affected by the truth that the Item end up being fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming possession of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Marangaroo .

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the items, and is only valid for flaws or failure under correct use and which develop solely from malfunctioning design, 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 purchaser. 32. Other than as offered in stipulation 35, all reveal and suggested warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its staff members, servants or agents to the Purchaser regarding the Product, their usage and application, are specifically left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, information or services offered by the Seller or the Seller's representatives or workers.

34. If the Goods are defective, the Seller will make good the flaw by doing any among the following at its option: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Goods or acquiring comparable Product; (d) the payment of the expense of having the Goods fixed (Group Training in The Vines Western Australia).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, catalog and other marketing matter, are meant simply to provide an indicator of the products explained therein and none of these shall form part of the contract unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the products, an imprint to that result might be attached and it should not be ruined obliterated or removed from the items. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Group Training in Aveley WA.

If the Seller has followed a style or guidelines offered by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenditures of the Seller developing from any infringement of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any design or instruction given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any contract, and no responsibility shall 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 expressed or suggested will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Gnangara . Unless specified in other places it is the buyer's obligation to get any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or duty of performance of this agreement wherever and to the extent to which fulfilment of the exact same is avoided, disappointed or impeded as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing statement, financing modification declaration, security contract, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and agrees that these conditions make up a security contract for the functions of the PPSA and develops a security interest in all Product that have formerly been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.