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

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction in between the Purchase Price and the price that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Purchaser's premises (or the facilities of any associated Company or representative where the Goods lie) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items made utilizing the Item are offered by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice rate of the Item offered or used in the manufacture of the Item offered in a separate recognizable account as the beneficial residential or commercial property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Goods is not affected by the fact that the Item become components connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those properties for the purpose of reclaiming ownership of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Sorrento WA.

Our liability in regard of any defect 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 problem or failure at our own cost. Our assurance duration is 12 months from the date of approval of the products, and is only legitimate for problems or failure under correct use and which emerge entirely from malfunctioning style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as provided in provision 35, all reveal and suggested guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, details or services offered by the Seller, its staff members, servants or representatives to the Buyer concerning the Item, their use and application, are specifically excluded.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring 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 agents or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the recommendations, suggestions, details or services offered by the Seller or the Seller's agents or employees.

34. If the Product are defective, the Seller shall make excellent the flaw by doing any one of the following at its choice: (a) repairing the Item; or (b) changing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Goods or getting equivalent Product; (d) the payment of the expense of having the Goods fixed (Personal Trainer in Ellenbrook WA).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, catalog and other marketing matter, are planned simply to give an indicator of the products described therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the products, an imprint to that effect may be attached and it needs to not be defaced eliminated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Trainer in Carramar .

If the Seller has actually followed a design or guidelines given by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenses of the Seller arising from any infringement of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or guideline given by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

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

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or indicated 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 agreed 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 litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Mullaloo . Unless specified elsewhere it is the buyer's responsibility to obtain 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 responsibility of efficiency of this agreement any place and to the extent to which fulfilment of the same is avoided, frustrated or prevented as a repercussion 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 statement, funding change statement, security arrangement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these conditions make up a security agreement for the functions of the PPSA and produces a security interest in all Item that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.