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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs 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 referring to the issue of the Credit Note.

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If the Seller considers the Quote consists of a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Item offered 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 agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Cost and the cost that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to enter the Purchaser's facilities (or the properties of any associated Company or agent where the Goods lie) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Item are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice price of the Goods offered or used in the manufacture of the Product sold in a separate identifiable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not impacted by the truth that the Goods become fixtures attached to the properties of the Buyer or a 3rd celebration, and if the Seller gets in those premises for the purpose of reclaiming possession of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Tapping Western Australia.

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the products, and is just legitimate for defects or failure under proper usage and which occur exclusively from defective design, materials or workmanship.

Without restricting 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 offered in provision 35, all reveal and implied guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, setup, materials or workmanship; or (c) recommendations, suggestions, details or services supplied by the Seller, its workers, servants or agents to the Purchaser relating to the Goods, their usage 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 substantial loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, details or services offered by the Seller or the Seller's agents or employees.

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

35. If the Seller is liable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or acquiring equivalent Product; (d) the payment of the cost of having the Product repaired (Personal Trainer in Tapping ).

36. The Buyer must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, catalog and other marketing matter, are intended simply to give an indicator of the products described therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the products, an imprint to that result may be affixed and it needs to not be defaced eliminated or eliminated from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Personal Trainer in Padbury Western Australia.

If the Seller has followed a design or guidelines given by the Purchaser, the Purchaser will indemnify the Seller against all damages, penalties, costs and expenditures of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or instruction given by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and deliveries may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no responsibility will attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or indicated will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in writing 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 will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Marangaroo . Unless specified in other places it is the buyer's duty to get any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of efficiency of this agreement anywhere and to the level to which fulfilment of the same is avoided, disappointed or prevented as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding declaration, financing change statement, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these conditions constitute a security arrangement for the functions of the PPSA and creates a security interest in all Item that have previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.