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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand 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 Purchaser in relation to any of the matters pertaining to the concern of the Credit Note.

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If the Seller considers the Quotation consists of a mistake, such a mistake of the Purchase Price, the Seller might at any time, consisting of after shipment of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference 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 list below rights in relation to the Product till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Buyer's premises (or the facilities of any associated Company or representative where the Goods are situated) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products manufactured using the Goods are sold by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice cost of the Item offered or used in the manufacture of the Goods offered in a different recognizable account as the advantageous home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Goods is not impacted by the reality that the Item end up being fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming ownership of the goods, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Hillarys .

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the goods, and is just legitimate for problems or failure under appropriate usage and which occur exclusively from malfunctioning style, materials 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 implied service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) suggestions, suggestions, information or services provided by the Seller, its employees, servants or agents to the Purchaser relating to the Item, their use and application, are expressly excluded.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's agents or staff members.

34. If the Item are malfunctioning, the Seller shall make good the problem by doing any one of the following at its alternative: (a) fixing the Item; or (b) changing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the expense of changing the Item or acquiring equivalent Item; (d) the payment of the expense of having the Goods fixed (Nutritionist in Wanneroo WA).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, catalog and other advertising matter, are intended merely to provide an indication of the items explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that impact may be affixed and it should not be ruined obliterated or removed from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Nutritionist in Carramar Western Australia.

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

Contracts and shipments might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no duty will attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or implied will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Singara . Unless specified somewhere else it is the purchaser's obligation to acquire any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or responsibility of performance of this agreement anywhere and to the level to which fulfilment of the same is avoided, frustrated or hindered as an effect of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, funding modification declaration, security agreement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Product that have previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Consumer.