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

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If the Seller considers the Quote includes an error, such a miscalculation of the Purchase Price, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Item, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Cost and the price that would have been the Purchase Rate if the error had not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to get in the Purchaser's facilities (or the premises of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to acquire 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 produced utilizing the Goods are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice price of the Item offered or used in the manufacture of the Item sold in a separate recognizable account as the helpful residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Item end up being fixtures attached to the properties of the Buyer or a third party, and if the Seller gets in those premises for the purpose of reclaiming belongings of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in henley Brook .

Our liability in respect of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making good 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 valid for problems or failure under proper usage and which emerge entirely from malfunctioning style, products 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 purchaser. 32. Except as supplied in stipulation 35, all reveal and suggested guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, details or services offered by the Seller, its employees, servants or agents to the Purchaser regarding the Product, their use and application, are specifically omitted.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item including loss or damage occurring 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 Goods; or (c) the guidance, suggestions, information or services supplied by the Seller or the Seller's representatives or workers.

34. If the Item are malfunctioning, the Seller will make great the problem by doing any among the following at its option: (a) fixing the Goods; or (b) changing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Product or obtaining equivalent Goods; (d) the payment of the cost of having actually the Item repaired (Gym in Woodvale WA).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, cost lists and other advertising matter, are meant merely to provide an indicator of the items explained therein and none of these shall 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 goods, an imprint to that impact might be affixed and it should not be ruined obliterated or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Nutritionist in Padbury .

If the Seller has actually followed a style or directions given by the Buyer, the Buyer shall indemnify the Seller against all damages, charges, expenses and expenses 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 instruction offered by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or suggested will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no provision 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 suitable jurisdiction in Australia. 43 - Nutritionist in Mullaloo Western Australia. Unless specified elsewhere it is the purchaser's duty to obtain any licenses and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be relieved of our liability or duty of efficiency of this contract anywhere and to the degree to which fulfilment of the same is prevented, disappointed or impeded as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

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