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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the concern 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 relating to the concern of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference in between the Purchase Rate and the rate that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the properties of any associated Company or representative where the Goods are located) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Product are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing rate of the Goods sold or used in the manufacture of the Product offered in a separate recognizable account as the useful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the truth that the Goods end up being fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming possession of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in The Vines Western Australia.

Our liability in respect of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the products, and is just valid for flaws or failure under appropriate usage and which arise entirely from malfunctioning design, products or craftsmanship.

Without limiting 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 supplied in stipulation 35, all reveal and indicated warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its employees, servants or agents to the Purchaser concerning the Goods, their usage and application, are expressly omitted.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage emerging as a result 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 Product; or (c) the suggestions, suggestions, information or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the expense of replacing the Product or getting comparable Goods; (d) the payment of the cost of having actually the Item repaired (Personal Trainer in henley Brook WA).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, price lists and other marketing matter, are intended simply to give an indication of the goods described therein and none of these will form part of the contract unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the products, an imprint to that result might be attached and it should not be defaced obliterated or eliminated from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Nutritionist in Carramar .

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

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, 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 delaying the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in writing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Mullaloo . Unless defined in other places it is the purchaser's responsibility to get any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of performance of this agreement wherever and to the degree to which fulfilment of the very same is prevented, annoyed or hindered as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing declaration, financing modification statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these terms make up a security contract for the purposes of the PPSA and produces a security interest in all Product that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.