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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial excellent 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 considers the Quotation contains an error, such a miscalculation of the Purchase Price, the Seller might 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 Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Cost and the price 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 till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the premises of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured utilizing the Goods are offered by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the invoice cost of the Item sold or utilized in the manufacture of the Product sold in a different recognizable account as the helpful residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the reality that the Product end up being fixtures connected to the facilities of the Purchaser or a third celebration, and if the Seller enters those premises for the function of reclaiming ownership of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in henley Brook .

Our liability in respect of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is restricted 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 just valid for problems or failure under proper usage and which emerge exclusively from defective style, materials 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 buyer. 32. Other than as offered in provision 35, all express and indicated guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) suggestions, recommendations, details or services provided by the Seller, its employees, servants or agents to the Buyer relating to the Item, their usage and application, are expressly omitted.

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The Seller will not be responsible to the Purchaser for physical or financial 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 representatives or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the advice, recommendations, info or services supplied by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller will make great the problem by doing any one of the following at its choice: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the expense of changing the Product or acquiring equivalent Item; (d) the payment of the expense of having the Item fixed (Personal Trainer in Tapping ).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (composed) 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 consisted of in our catalogues, catalog and other marketing matter, are planned simply to offer an indicator of the items explained therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the items, an imprint to that impact might be affixed and it needs to not be defaced wiped out or gotten rid of from the goods. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Nutritionist in Marangaroo .

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

Agreements and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in writing 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 shall be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Darch . Unless defined somewhere else it is the purchaser's duty to get any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of efficiency of this contract wherever and to the level to which fulfilment of the same is avoided, frustrated or hindered as an effect of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing declaration, financing change statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these conditions constitute a security arrangement for the purposes of the PPSA and creates a security interest in all Item that have previously been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.