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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Purchaser 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 miscalculation of the Purchase Price, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has actually been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price 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 Product up 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 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 Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items made using the Goods are offered by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Item sold or utilized in the manufacture of the Item offered in a different identifiable account as the advantageous property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not affected by the reality that the Item become components connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of recovering possession of the products, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Tapping .

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the products, and is only legitimate for problems or failure under correct usage and which develop exclusively from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in stipulation 35, all express and indicated warranties, assurances 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, installation, products or craftsmanship; or (c) guidance, suggestions, details or services provided by the Seller, its staff members, servants or agents to the Buyer regarding the Item, their use and application, are expressly excluded.

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The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, information or services offered by the Seller or the Seller's representatives or employees.

34. If the Item are defective, the Seller shall make excellent the flaw by doing any among the following at its choice: (a) repairing the Item; or (b) replacing the Goods; or (c) taking the items 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 warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the cost of changing the Goods or acquiring comparable Product; (d) the payment of the cost of having the Goods fixed (Nutritionist in Warwick Western Australia).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our catalogues, rate lists and other advertising matter, are planned merely to give an indication of the goods described therein and none of these will form part of the contract 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 goods, an imprint to that result may be attached and it needs to not be defaced obliterated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the products. Nutritionist in Mullaloo .

If the Seller has actually followed a style or guidelines provided by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, charges, costs and expenditures 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 instruction offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

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

We will be alleviated of our liability or obligation of efficiency of this contract any place and to the level to which fulfilment of the exact same is prevented, frustrated or impeded as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, funding change declaration, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and concurs that these terms make up a security agreement for the functions of the PPSA and produces a security interest in all Goods that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Customer.