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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser 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 Buyer in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. 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 thinks about that the Purchase Cost has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Product till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Buyer's facilities (or the properties of any associated Business or representative where the Item are located) 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 Item are re-sold, or products produced using the Item are offered by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Product offered or utilized in the manufacture of the Item offered in a different recognizable account as the useful residential or commercial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's home in the Goods is not impacted by the reality that the Item become fixtures attached to the facilities of the Buyer or a 3rd party, and if the Seller enters those properties for the function of recovering ownership of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Lansdale WA.

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw 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 acceptance of the products, and is only legitimate for problems or failure under correct usage and which occur entirely from malfunctioning design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in clause 35, all reveal and suggested warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any function; or (b) style, assembly, installation, products or workmanship; or (c) recommendations, recommendations, information or services offered by the Seller, its workers, servants or representatives to the Purchaser concerning the Product, their usage and application, are specifically omitted.

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The Seller will not be accountable to the Purchaser for physical or financial 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 arising as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the advice, suggestions, information or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited 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 Product or getting equivalent Product; (d) the payment of the expense of having the Item fixed (Group Training in Ocean Reef ).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, catalog and other advertising matter, are planned merely to give an indication of the goods 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, signed up designs or copyright features are embodied in the design of the items, an imprint to that result might be attached and it must not be ruined eliminated or gotten rid of from the products. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Edgewater WA.

If the Seller has followed a design or directions offered by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller occurring from any infringement of a patent, hallmark, signed up style, copyright or common law right. The Purchaser on its part warrants that any style or direction provided by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and assurances 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 concurred by us in composing and unless specifically concurred by us in writing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Wangara . Unless defined in other places it is the buyer's obligation to obtain any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of efficiency of this contract any place and to the level to which fulfilment of the same is prevented, annoyed or impeded as an effect of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing statement, financing change declaration, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and produces a security interest in all Item that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.