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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, including after delivery of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Buyer will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Price and the cost 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 until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the facilities of any associated Business or representative where the Goods are located) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items produced using the Product 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 used in the manufacture of the Item offered in a separate identifiable account as the helpful home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the reality that the Product end up being components attached to the properties of the Buyer or a 3rd party, and if the Seller enters those properties for the function of recovering ownership of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Darch .

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 good the defect or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the items, and is just valid for defects or failure under appropriate usage and which develop exclusively from malfunctioning design, 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. Except as supplied in stipulation 35, all reveal and suggested service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, installation, materials or workmanship; or (c) advice, recommendations, information or services offered by the Seller, its workers, servants or representatives to the Buyer relating to the Item, their use and application, are specifically omitted.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, info or services offered by the Seller or the Seller's agents or workers.

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

35. If the Seller is responsible for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the cost of changing the Product or getting comparable Goods; (d) the payment of the cost of having actually the Product fixed (Nutritionist in Wangara ).

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 first 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, details of weights and measurements included in our brochures, rate lists and other marketing matter, are intended simply to give an indication of the goods explained therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the products, an imprint to that effect may be affixed and it should not be ruined wiped out or gotten rid of from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the goods. Gym in Tapping Western Australia.

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

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or efficiency of any agreement, and no duty shall 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 warranties whatsoever on our part whether expressed 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 specifically agreed by us in composing no provision for liquidated damages will form part of the agreement.

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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 Woodvale . Unless specified in other places it is the purchaser's obligation to get any licenses and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of efficiency of this agreement wherever and to the degree to which fulfilment of the very same is prevented, annoyed or impeded as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing statement, financing change declaration, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these terms constitute a security contract for the purposes of the PPSA and develops a security interest in all Product that have actually previously been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.