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

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If the Seller thinks about the Quote contains an error, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated 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 price that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Buyer's premises (or the facilities of any associated Company or agent where the Product lie) 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 Goods are re-sold, or items produced using the Item are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Product sold or used in the manufacture of the Product offered in a different identifiable account as the advantageous home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not impacted by the reality that the Goods end up being components attached to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming ownership of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Woodvale WA.

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such defect 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 only valid for defects or failure under correct usage and which arise solely from malfunctioning style, materials or workmanship.

Without limiting 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 clause 35, all express and suggested warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, setup, products or workmanship; or (c) guidance, suggestions, info or services provided by the Seller, its employees, servants or agents to the Buyer relating to the Product, their use and application, are expressly omitted.

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The Seller will not be liable 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 Item consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, recommendations, details or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the expense of replacing the Item or obtaining equivalent Goods; (d) the payment of the cost of having the Product fixed (Nutritionist in Pearsall ).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, catalog and other advertising matter, are planned merely to provide a sign of the goods explained therein and none of these will form part of the contract unless particularly agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that impact may be attached and it needs to not be ruined wiped out or eliminated from the products. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the products. Personal Training in Wanneroo .

If the Seller has actually followed a design or guidelines offered by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, penalties, costs and expenses of the Seller developing from any infringement of a patent, hallmark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or guideline given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, and no responsibility will attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or implied shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Ocean Reef . Unless defined elsewhere it is the purchaser's obligation to get any permits and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of performance of this agreement wherever and to the extent to which fulfilment of the same is avoided, annoyed or hindered as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding declaration, financing change statement, security arrangement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these terms make up a security agreement for the purposes of the PPSA and produces a security interest in all Product that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.