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25. If the Seller issues a Credit Note to the Buyer (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 business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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

If the Seller considers that the Purchase Rate has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the rate that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the premises of any associated Company or representative where the Product are located) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Goods are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing price of the Item sold or used in the manufacture of the Goods offered in a separate recognizable 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 Goods is not affected by the truth that the Item end up being fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those properties for the function of recovering possession of the products, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Ellenbrook Western Australia.

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the defect or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the goods, and is just legitimate for defects or failure under proper usage and which occur exclusively from defective design, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in clause 35, all express and indicated warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) advice, recommendations, information or services offered by the Seller, its staff members, servants or representatives to the Purchaser regarding the Goods, their usage and application, are specifically left out.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, recommendations, information or services provided by the Seller or the Seller's representatives or employees.

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

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the expense of changing the Product or getting equivalent Product; (d) the payment of the cost of having actually the Goods fixed (Personal Trainer in Singara WA).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, catalog and other advertising matter, are planned simply to provide a sign of the goods described therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that result may be attached and it needs to not be ruined eliminated or eliminated from the items. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Personal Trainer in Marangaroo .

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

Contracts and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or suggested will form part of this contract 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 composing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Darch . Unless specified elsewhere it is the buyer's obligation to acquire any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of efficiency of this contract wherever and to the level to which fulfilment of the very same is prevented, frustrated or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding declaration, funding modification declaration, 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 Client acknowledges and concurs that these terms and conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Item that have formerly been supplied which will be provided in the future by FLEX FITNESS Devices to the Client.