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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Purchaser 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 Quote includes a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Price and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Buyer's properties (or the premises of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or items manufactured utilizing the Item are sold by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the billing price of the Item sold or used in the manufacture of the Item sold in a separate recognizable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not impacted by the fact that the Product become fixtures connected to the premises of the Buyer or a 3rd celebration, and if the Seller goes into those premises for the function of recovering belongings of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Carramar Western Australia.

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own expense. Our assurance period is 12 months from the date of approval of the products, and is only legitimate for defects or failure under correct usage and which arise solely from faulty design, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in provision 35, all reveal and suggested guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, installation, products or workmanship; or (c) suggestions, recommendations, details or services supplied by the Seller, its staff members, servants or representatives to the Purchaser relating to the Item, their use and application, are specifically excluded.

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The Seller shall not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind arising 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 agents or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, recommendations, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Product are malfunctioning, the Seller shall make great the problem by doing any among the following at its option: (a) fixing the Product; 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 accountable for a breach of a condition or service warranty suggested 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 Goods or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the expense of replacing the Product or acquiring equivalent Product; (d) the payment of the cost of having actually the Product repaired (Personal Training in Greenwood WA).

36. The Buyer needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our catalogues, price lists and other advertising matter, are planned merely to provide an indication of the products described therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the goods, an imprint to that effect might be attached and it needs to not be defaced eliminated or removed from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Nutritionist in Darch Western Australia.

If the Seller has actually followed a design or instructions given by the Purchaser, the Purchaser will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller emerging from any infringement of a patent, hallmark, signed up design, copyright or common law right. The Buyer on its part warrants that any design or instruction offered by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, 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 obligation shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

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

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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 suitable jurisdiction in Australia. 43 - Gym in Gnangara Western Australia. Unless defined in other places it is the purchaser's duty 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 responsibility of performance of this agreement wherever and to the level to which fulfilment of the same is avoided, disappointed or prevented as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, financing modification statement, security arrangement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these conditions constitute a security arrangement for the functions of the PPSA and develops a security interest in all Item that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.