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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller considers the Quote consists of an error, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Product offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost and the price that would have been the Purchase Rate if the error had not been made.

The Seller reserves the list below rights in relation to the Item up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Purchaser's premises (or the facilities of any associated Business or agent where the Goods lie) 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 Goods are re-sold, or items made utilizing the Goods are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice rate of the Product sold or used in the manufacture of the Item offered in a separate identifiable account as the helpful home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not affected by the truth that the Item become fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the purpose of reclaiming ownership of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Woodvale .

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the products, and is only legitimate for flaws or failure under proper use and which occur exclusively from malfunctioning design, materials or craftsmanship.

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 offered in stipulation 35, all express and implied warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) guidance, recommendations, details or services provided by the Seller, its staff members, servants or agents to the Purchaser relating to the Item, their usage 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 occurring out of or in relation to the Goods including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the advice, suggestions, information or services provided by the Seller or the Seller's representatives or workers.

34. If the Goods are faulty, the Seller shall make excellent the flaw by doing any one of the following at its alternative: (a) repairing the Product; or (b) changing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually 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 thus restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the expense of replacing the Product or obtaining equivalent Item; (d) the payment of the expense of having the Goods fixed (Group Training in Wangara ).

36. The Buyer must not return any Product which the Buyer 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, details of weights and measurements included in our brochures, catalog and other marketing matter, are intended merely to give a sign of the products explained therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the items, an imprint to that result may be attached and it must not be defaced wiped out or gotten rid of from the items. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Personal Trainer in Mullaloo Western Australia.

If the Seller has followed a design or directions given by the Purchaser, the Buyer shall indemnify the Seller against all damages, penalties, expenses and costs of the Seller emerging from any infringement of a patent, trademark, registered design, copyright or typical law right. The Buyer on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, 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 duty shall attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or suggested 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 arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Warwick Western Australia. Unless specified somewhere else it is the purchaser's obligation to get any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or responsibility of performance of this agreement any place and to the extent to which fulfilment of the very same is prevented, disappointed or prevented as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, funding modification statement, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these terms and conditions constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Item that have actually formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.