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

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If the Seller considers the Quote consists of an error, such a mistake of the Purchase Rate, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost and the cost that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Buyer to the Seller are totally 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 seize 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 items made using the Item are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice cost of the Item sold or utilized in the manufacture of the Product offered in a different recognizable account as the useful property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Goods become fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller enters those premises for the function of recovering belongings of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Marangaroo .

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 limited to making good the problem or failure at our own cost. Our warranty duration is 12 months from the date of approval of the items, and is just valid for flaws or failure under proper use and which arise solely from defective design, materials or workmanship.

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. Except as supplied in stipulation 35, all express and implied guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) suggestions, suggestions, details or services supplied by the Seller, its workers, servants or agents to the Buyer regarding the Goods, their usage and application, are specifically omitted.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, information or services provided by the Seller or the Seller's agents or staff members.

34. If the Item are defective, the Seller will make great the problem by doing any among the following at its alternative: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Product or getting equivalent Goods; (d) the payment of the cost of having actually the Goods fixed (Nutritionist in Lansdale Western Australia).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, catalog and other advertising matter, are planned simply to give an indicator of the items explained therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that impact may be attached and it needs to not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Nutritionist in Aveley .

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

Contracts and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or performance of any contract, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or suggested will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in writing 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 will be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in The Vines . Unless defined elsewhere it is the buyer's obligation to get any licenses and approvals. Where any costs are incurred 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 level to which fulfilment of the very same is prevented, frustrated or impeded as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, financing change declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and creates a security interest in all Product that have actually previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Consumer.