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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 Purchaser concurs that the concern of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the problem 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, consisting of after shipment of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Buyer will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Rate and the price that would have been the Purchase Rate if the error had actually not been made.

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

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If the Product are re-sold, or products produced using the Goods are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing cost of the Goods offered or used in the manufacture of the Product offered in a different recognizable account as the useful home of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not affected by the fact that the Product become components connected to the properties of the Purchaser or a 3rd party, and if the Seller gets in those premises for the function of reclaiming ownership of the items, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Ocean Reef .

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own cost. Our assurance period is 12 months from the date of approval of the items, and is just valid for defects or failure under correct use and which develop exclusively from faulty design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in clause 35, all reveal and indicated warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, installation, products or workmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their usage and application, are expressly left out.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's representatives or workers.

34. If the Product are malfunctioning, the Seller shall make good the problem by doing any among the following at its option: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee implied 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 Product or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Goods or acquiring equivalent Goods; (d) the payment of the expense of having actually the Product repaired (Personal Training in The Vines ).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially 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 dimensions contained in our brochures, catalog and other marketing matter, are meant merely to offer a sign of the items explained therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that effect might be affixed and it should not be ruined wiped out or eliminated from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Nutritionist in Gnangara .

If the Seller has actually followed a style or instructions given by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, expenses and costs of the Seller developing from any infringement of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or instruction provided by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or implied shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed 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 litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Ellenbrook Western Australia. Unless defined somewhere else it is the purchaser's obligation to get any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We will be alleviated of our liability or obligation of efficiency of this contract wherever and to the level to which fulfilment of the exact same is avoided, frustrated or hindered as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, funding modification declaration, security contract, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions make up a security agreement for the purposes of the PPSA and creates a security interest in all Item that have previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.