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25. If the Seller issues a Credit Note to the Purchaser (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 industrial great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller considers the Quotation consists of a mistake, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the following rights in relation to the Product till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Buyer's premises (or the premises of any associated Company or agent where the Goods are situated) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products produced utilizing the Goods are offered by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Product sold or used in the manufacture of the Goods sold in a separate recognizable account as the beneficial residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the fact that the Product end up being fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming ownership of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Wangara WA.

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the items, and is just valid for problems or failure under proper usage and which develop entirely from defective design, products 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 provided in provision 35, all express and implied service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, info or services provided by the Seller, its staff members, servants or agents to the Purchaser regarding the Goods, their usage and application, are expressly left out.

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The Seller shall not be accountable 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 a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, information or services supplied by the Seller or the Seller's agents or employees.

34. If the Item are defective, the Seller will make great the problem by doing any one of the following at its choice: (a) repairing the Product; or (b) changing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Item or acquiring equivalent Goods; (d) the payment of the cost of having the Item fixed (Personal Trainer in Darch ).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our catalogues, rate lists and other advertising matter, are planned simply to offer an indication of the products described therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that effect may be affixed and it needs to not be defaced obliterated or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Group Training in Joondalup WA.

If the Seller has followed a style or directions provided by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller arising from any violation of a patent, trademark, signed up style, copyright or typical law right. The Buyer on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or implied shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in composing no arrangement for liquidated damages shall 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 brought in the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Woodvale . Unless specified in other places it is the buyer's responsibility to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

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

45. 1 In this clause financing statement, financing modification declaration, security arrangement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these terms and conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Item that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.