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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern 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 referring to the issue of the Credit Note.

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If the Seller thinks about the Quotation contains a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction in between the Purchase Price and the rate that would have been the Purchase Rate if the error had 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 completely paid: (a) legal ownership of the Item; (b) to get in the Buyer's properties (or the facilities of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to take possession of the Item; 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 manufactured using the Item are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing rate of the Item sold or used in the manufacture of the Item offered in a separate identifiable account as the advantageous home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Goods is not impacted by the fact that the Product become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the purpose of reclaiming belongings of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Ellenbrook .

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own cost. Our assurance period is 12 months from the date of approval of the goods, and is just legitimate for flaws or failure under appropriate use and which emerge entirely from faulty design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all reveal and implied service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, information or services offered by the Seller, its workers, servants or representatives to the Buyer regarding the Goods, their usage 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 Item including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's agents or workers.

34. If the Goods are defective, the Seller will make great the problem by doing any among the following at its alternative: (a) fixing the Goods; or (b) changing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Price 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 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the cost of replacing the Goods or acquiring equivalent Goods; (d) the payment of the cost of having the Product repaired (Personal Trainer in Woodvale Western Australia).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, catalog and other advertising matter, are meant merely to provide an indication of the items described therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that effect might be affixed and it must not be defaced eliminated or removed from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the items. Personal Trainer in Wangara WA.

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

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or performance of any contract, 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, warranties and assurances whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in composing no arrangement 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 generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Woodvale . Unless specified in other places it is the buyer's duty to acquire any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of performance of this contract wherever and to the level to which fulfilment of the same is prevented, disappointed or impeded as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

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