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25. If the Seller concerns a Credit Note to the Purchaser (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 excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote includes an error, such a mistake of the Purchase Price, the Seller might at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Product, 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, on demand, the distinction in between the Purchase Rate and the price that would have been the Purchase Price if the mistake had actually not been made.

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

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If the Product are re-sold, or products manufactured utilizing the Item are offered by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the invoice rate of the Product sold or used in the manufacture of the Item sold in a different identifiable account as the useful residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not affected by the fact that the Product end up being components connected to the properties of the Purchaser or a 3rd celebration, and if the Seller enters those facilities for the purpose of reclaiming ownership of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Edgewater .

Our liability in regard of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the defect or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the products, and is only legitimate for problems or failure under appropriate use and which arise exclusively from malfunctioning design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as provided in provision 35, all express and indicated service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, suggestions, info or services offered by the Seller, its staff members, servants or agents to the Buyer relating to the Item, their usage and application, are specifically excluded.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the advice, recommendations, details or services supplied by the Seller or the Seller's representatives or workers.

34. If the Item are defective, the Seller will make excellent the flaw by doing any one of the following at its choice: (a) fixing the Product; or (b) replacing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Product or obtaining equivalent Goods; (d) the payment of the cost of having the Item fixed (Group Training in Aveley ).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first offered 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 dimensions included in our brochures, rate lists and other advertising matter, are meant simply to provide an indication of the items described therein and none of these will form part of the contract unless specifically concurred in composing.

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

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

Contracts and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or suggested will form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing 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 litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Warwick . Unless specified in other places it is the buyer's duty to acquire any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of performance of this contract anywhere and to the degree to which fulfilment of the same is prevented, frustrated or hindered as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding declaration, funding modification statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.