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

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If the Seller considers the Quote includes a mistake, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Goods 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 Buyer will pay to the Seller, on demand, the difference in between the Purchase Cost and the price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Purchaser's facilities (or the premises of any associated Business or representative 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 Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items produced utilizing the Item are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Goods offered or utilized in the manufacture of the Item offered in a different identifiable account as the beneficial home 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 Goods become components connected to the facilities of the Buyer or a third party, and if the Seller enters those properties for the function of recovering possession of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Wangara .

Our liability in respect of any problem 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 guarantee duration is 12 months from the date of acceptance of the items, and is only valid for defects or failure under proper use and which occur exclusively from malfunctioning style, materials 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 purchaser. 32. Except as supplied in clause 35, all reveal and indicated warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, suggestions, details or services provided by the Seller, its employees, servants or agents to the Purchaser relating to the Product, their use and application, are specifically omitted.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging 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 carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, recommendations, details or services provided by the Seller or the Seller's agents or workers.

34. If the Product are faulty, the Seller shall make great the problem by doing any one of the following at its alternative: (a) fixing the Goods; or (b) replacing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the expense of changing the Product or getting equivalent Item; (d) the payment of the expense of having the Goods fixed (Personal Training in Ellenbrook Western Australia).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially given 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 measurements included in our catalogues, price lists and other marketing matter, are meant merely to give an indication of the products 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 functions are embodied in the style of the goods, an imprint to that impact may be attached and it must not be ruined obliterated or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Personal Training in Wanneroo .

If the Seller has followed a design or instructions provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and expenses of the Seller occurring from any violation of a patent, trademark, signed up design, copyright or typical law right. The Buyer on its part warrants that any design or direction provided by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no obligation will attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or indicated shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed 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 lawsuits in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Gnangara . Unless specified somewhere else it is the buyer's obligation to acquire any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of performance of this agreement any place and to the degree to which fulfilment of the exact same is prevented, frustrated or prevented as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, funding change declaration, 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 Consumer acknowledges and concurs that these terms and conditions make up a security agreement for the functions of the PPSA and creates 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 Customer.