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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the concern of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining 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 may 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 considers that the Purchase Cost has been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Cost and the rate that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the properties of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to take possession of the Product; 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 Goods are offered by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice cost of the Goods offered or utilized in the manufacture of the Item offered in a separate identifiable account as the helpful home of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's property in the Product is not affected by the reality that the Product end up being fixtures attached to the premises of the Buyer or a 3rd celebration, and if the Seller gets in those properties for the purpose of reclaiming ownership of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Pearsall WA.

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the items, and is only valid for problems or failure under proper use and which develop entirely from defective style, products or workmanship.

Without restricting the generality of the forgoing, we will 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 service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, info or services supplied by the Seller, its staff members, servants or agents to the Buyer relating to the Product, their usage and application, are expressly excluded.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, info or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable 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 thus restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Item or getting equivalent Goods; (d) the payment of the expense of having the Product fixed (Nutritionist in Hillarys Western Australia).

36. The Buyer must not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially provided its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other marketing matter, are planned merely to offer an indicator of the goods explained therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the items, an imprint to that result may be attached and it should not be ruined obliterated or eliminated from the items. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the products. Personal Training in Aveley Western Australia.

If the Seller has followed a design or guidelines provided by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, expenses and expenditures of the Seller emerging from any infringement of a patent, hallmark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Contracts and shipments 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 event or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or indicated shall form part of this agreement unless specifically 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 arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Darch . Unless specified somewhere else it is the purchaser's duty to acquire any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be alleviated of our liability or duty of efficiency of this contract anywhere and to the extent to which fulfilment of the same is prevented, disappointed or impeded as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing statement, funding change declaration, security contract, and security interest has actually the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these conditions constitute a security arrangement for the functions of the PPSA and produces a security interest in all Item that have actually previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.