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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Buyer, 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 Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quotation includes a mistake, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Rate and the cost that would have been the Purchase Cost if the error had not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Buyer's premises (or the facilities of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to seize the Goods; 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 made using the Product are offered by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice rate of the Product sold or used in the manufacture of the Goods sold in a separate recognizable account as the useful property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the truth that the Goods end up being fixtures connected to the properties of the Buyer or a third party, and if the Seller goes into those premises for the purpose of recovering ownership of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Ellenbrook .

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the flaw or failure at our own cost. Our assurance period is 12 months from the date of approval of the products, and is just legitimate for defects or failure under appropriate usage and which arise entirely from defective style, 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 purchaser. 32. Other than as provided in provision 35, all reveal and implied warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its employees, servants or representatives to the Buyer concerning the Item, their use and application, are expressly omitted.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's representatives or workers.

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

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or obtaining equivalent Product; (d) the payment of the expense of having the Item repaired (Gym in henley Brook Western Australia).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) 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 measurements consisted of in our catalogues, price lists and other advertising matter, are meant simply to give an indication of the products described therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the items, an imprint to that impact may be attached and it must not be ruined obliterated or removed from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Personal Training in Hillarys Western Australia.

If the Seller has followed a design or instructions provided by the Buyer, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller occurring from any infringement of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or instruction given by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no obligation shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or indicated will 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 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 shall be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in The Vines . Unless specified in other places it is the purchaser's obligation to acquire any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of performance of this agreement anywhere and to the degree to which fulfilment of the exact same is avoided, annoyed or hindered as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding statement, funding change statement, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms make up a security contract for the purposes of the PPSA and develops a security interest in all Goods that have actually previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.