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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 Purchaser concurs that the issue of the Credit Note is an act of business 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 contains a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Goods readily available for collection by the Seller when needed by the Seller.

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

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If the Product are re-sold, or products manufactured utilizing the Product are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the invoice price of the Product sold or used in the manufacture of the Product sold in a separate identifiable account as the beneficial home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Item become fixtures connected to the facilities of the Buyer or a 3rd celebration, and if the Seller enters those premises for the function of recovering belongings of the items, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Hillarys WA.

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the items, and is only valid for flaws or failure under appropriate use and which arise solely from faulty design, products 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. Other than as offered in stipulation 35, all express and implied guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) guidance, suggestions, info or services provided by the Seller, its staff members, servants or agents to the Purchaser concerning the Item, their usage and application, are specifically omitted.

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The Seller will not be accountable to the Buyer 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 developing as an outcome of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's agents or employees.

34. If the Item are defective, the Seller will make great the defect by doing any one of the following at its choice: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the expense of replacing the Product or getting equivalent Item; (d) the payment of the expense of having actually the Product repaired (Nutritionist in Darch WA).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, rate lists and other advertising matter, are intended simply to offer an indicator of the products explained therein and none of these shall form part of the agreement unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the items, an imprint to that effect may be attached and it should not be defaced obliterated or removed from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the items. Group Training in Ellenbrook WA.

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

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and warranties 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 composing and unless expressly 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 shall be generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Greenwood Western Australia. Unless defined elsewhere it is the purchaser's responsibility to get any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of performance of this contract any place and to the degree to which fulfilment of the same is avoided, disappointed or hindered as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

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