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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a mistake of the Purchase Cost, the Seller may at any time, including after shipment of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers 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 difference in between the Purchase Cost and the cost that would have been the Purchase Price if the error had not been made.

The Seller reserves the list below rights in relation to the Goods 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 properties (or the premises of any associated Business or representative where the Product lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured using the Goods are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the billing rate of the Item offered or used in the manufacture of the Item offered in a different identifiable account as the beneficial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home 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 enters those properties for the purpose of recovering possession of the goods, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Ellenbrook Western Australia.

Our liability in respect of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the goods, and is only valid for problems or failure under proper use and which emerge entirely from faulty design, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as supplied in provision 35, all reveal and implied warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, recommendations, info or services provided by the Seller, its staff members, servants or agents to the Purchaser regarding the Goods, their use and application, are specifically excluded.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the recommendations, recommendations, information or services offered by the Seller or the Seller's representatives or workers.

34. If the Item are malfunctioning, the Seller shall make great the defect by doing any among the following at its option: (a) repairing the Goods; or (b) changing the Product; or (c) taking the products 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 Department 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 Product or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Product or getting equivalent Goods; (d) the payment of the cost of having the Product fixed (Nutritionist in Darch ).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (composed) 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 consisted of in our brochures, rate lists and other marketing matter, are planned simply to give a sign of the items described therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the products, an imprint to that impact might be affixed and it must not be ruined eliminated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the goods. Gym in Padbury .

If the Seller has followed a style or instructions given by the Buyer, the Purchaser will indemnify the Seller against all damages, penalties, costs and costs of the Seller developing from any infringement of a patent, trademark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline offered by it will not trigger the Seller to infringe any patent, registered style, 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 offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no duty shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Pearsall . Unless specified somewhere else it is the buyer's obligation to acquire any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We will be alleviated of our liability or responsibility of efficiency of this agreement anywhere and to the degree to which fulfilment of the same is prevented, disappointed or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

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