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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quotation contains a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Rate and the rate that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the list below rights in relation to the Product up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Purchaser's properties (or the facilities of any associated Company or agent where the Goods are situated) 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 products made using the Product are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Goods offered or used in the manufacture of the Item offered in a separate recognizable account as the advantageous home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not impacted by the reality that the Item become components connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those properties for the function of recovering ownership of the items, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Wanneroo Western Australia.

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the products, and is just valid for defects or failure under proper use and which occur exclusively from defective style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in clause 35, all express and implied service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its staff members, servants or agents to the Buyer relating to the Item, their usage and application, are specifically left out.

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The Seller shall not be accountable to the Purchaser 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 emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the advice, recommendations, details or services provided by the Seller or the Seller's representatives or employees.

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

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the cost of changing the Goods or getting comparable Product; (d) the payment of the expense of having the Goods repaired (Personal Trainer in Gnangara Western Australia).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, cost lists and other advertising matter, are planned simply to provide an indicator of the items described therein and none of these shall form part of the agreement unless particularly agreed 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 impact may be attached and it should not be defaced eliminated or gotten rid of from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the products. Personal Trainer in Joondalup WA.

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

Agreements and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or indicated will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in composing no arrangement for liquidated damages will form part of the contract.

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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 proper jurisdiction in Australia. 43 - Personal Training in Warwick . Unless specified in other places it is the buyer's obligation to acquire any authorizations and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the very same is avoided, annoyed or impeded as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing statement, financing modification statement, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and concurs that these terms and conditions make up a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.