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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 commercial great faith by the Seller and not an admission of liability to the Purchaser 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 contains an error, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Rate and the cost that would have been the Purchase Rate if the mistake had 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 completely paid: (a) legal ownership of the Item; (b) to enter the Buyer's facilities (or the premises of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made utilizing the Product are sold by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Goods offered or utilized in the manufacture of the Product offered in a different identifiable account as the advantageous 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 affected by the truth that the Goods become components connected to the facilities of the Purchaser or a 3rd celebration, and if the Seller enters those premises for the purpose of recovering belongings of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in henley Brook Western Australia.

Our liability in regard of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the goods, and is only valid for defects or failure under appropriate usage and which occur exclusively from faulty style, materials or workmanship.

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. Other than as offered in provision 35, all reveal and indicated warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) suggestions, suggestions, information or services offered by the Seller, its staff members, servants or representatives to the Buyer regarding the Product, their usage and application, are specifically excluded.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, info or services supplied by the Seller or the Seller's agents or employees.

34. If the Item are faulty, the Seller shall make great the flaw by doing any among the following at its choice: (a) repairing the Item; or (b) replacing 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 liable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or acquiring equivalent Item; (d) the payment of the expense of having actually the Item repaired (Nutritionist in Ocean Reef WA).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given 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 measurements included in our catalogues, rate lists and other marketing matter, are meant merely to offer a sign of the goods explained therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the goods, an imprint to that result may be attached and it should not be ruined wiped out or eliminated from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the products. Personal Trainer in Wangara WA.

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

Contracts and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Singara Western Australia. Unless specified somewhere else it is the purchaser's duty to obtain any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of efficiency of this contract wherever and to the level to which fulfilment of the very same is avoided, frustrated or prevented 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 clause financing declaration, funding change declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms and conditions constitute a security contract for the functions of the PPSA and produces a security interest in all Goods that have actually formerly been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.