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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 Purchaser agrees that the problem of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quote includes an error, such a mistake 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 Product available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference between the Purchase Rate and the rate that would have been the Purchase Rate if the mistake had 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 totally paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the facilities of any associated Company or representative where the Goods 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 Product are re-sold, or products manufactured utilizing the Product are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the invoice price of the Goods offered or used in the manufacture of the Goods offered in a separate recognizable account as the helpful property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Product is not impacted by the fact that the Product become fixtures attached to the premises of the Buyer or a 3rd celebration, and if the Seller gets in those premises for the function of reclaiming belongings of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Lansdale WA.

Our liability in respect of any problem in, or failure of the items provided, 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 cost. Our warranty duration is 12 months from the date of acceptance of the goods, and is just legitimate for flaws or failure under correct use and which develop exclusively from defective 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 purchaser. 32. Except as provided in stipulation 35, all express and suggested guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, installation, products or workmanship; or (c) guidance, recommendations, details or services supplied by the Seller, its workers, servants or representatives to the Buyer concerning the Goods, their use and application, are expressly excluded.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, suggestions, details or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the expense of replacing the Product or getting comparable Item; (d) the payment of the expense of having the Item fixed (Personal Trainer in Edgewater ).

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our catalogues, catalog and other advertising matter, are planned merely to provide a sign of the goods described therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that effect may be attached and it should not be ruined wiped out or eliminated from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Nutritionist in Greenwood .

If the Seller has followed a design or directions offered by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller developing from any violation of a patent, hallmark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any design or direction given 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 case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility shall attach 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 revealed or indicated will form part of this agreement 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 arrangement for liquidated damages will 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 suitable jurisdiction in Australia. 43 - Personal Training in Greenwood WA. Unless defined somewhere else it is the purchaser's duty to obtain any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be alleviated of our liability or responsibility of efficiency of this contract wherever and to the degree to which fulfilment of the very same is avoided, annoyed or impeded as a consequence of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, financing modification statement, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these terms constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have actually previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.