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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 concurs that the problem of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Purchaser 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 Price, the Seller may at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Price and the price that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's premises (or the facilities of any associated Business or agent where the Goods are situated) 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 Goods are re-sold, or items made utilizing the Item are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Product offered in a separate identifiable account as the useful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Goods is not affected by the fact that the Item become components connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those properties for the function of recovering possession of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Pearsall .

Our liability in regard of any defect in, or failure of the products supplied, 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 expense. Our guarantee period is 12 months from the date of approval of the products, and is just legitimate for problems or failure under appropriate use and which occur entirely from malfunctioning design, products 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 buyer. 32. Except as provided in stipulation 35, all reveal and implied warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) suggestions, suggestions, info or services provided by the Seller, its workers, servants or agents to the Purchaser relating to the Item, their use and application, are expressly excluded.

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The Seller shall not be responsible 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 including loss or damage occurring as an outcome 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 Item; or (c) the advice, suggestions, info or services supplied by the Seller or the Seller's representatives or workers.

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

35. If the Seller is responsible for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Item or obtaining comparable Item; (d) the payment of the expense of having the Item repaired (Gym in Warwick ).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (composed) 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 measurements consisted of in our catalogues, catalog and other marketing matter, are meant merely to offer an indicator of the items explained therein and none of these will form part of the agreement unless particularly 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 impact might be affixed and it should not be defaced obliterated or gotten rid of from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the items. Nutritionist in Gnangara WA.

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no duty shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied will form part of this agreement 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 agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Woodvale . Unless defined in other places it is the buyer's duty to acquire any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or duty of efficiency of this agreement anywhere and to the extent to which fulfilment of the exact same is prevented, disappointed or impeded as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding declaration, financing change declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these conditions make up a security arrangement for the functions of the PPSA and creates a security interest in all Goods that have formerly been provided and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.