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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs 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 Purchaser in relation to any of the matters pertaining to the problem of the Credit Note.

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If the Seller considers the Quotation includes an error, such a mistake of the Purchase Cost, the Seller may at any time, including after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Buyer will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Cost and the cost 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 Item until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the facilities of any associated Company or representative where the Goods lie) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or items produced utilizing the Item are offered by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice cost of the Goods sold or utilized in the manufacture of the Product offered in a different recognizable account as the useful home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the truth that the Item become fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the purpose of reclaiming ownership of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Edgewater WA.

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the defect or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the goods, and is only legitimate for problems or failure under correct usage and which emerge solely from defective design, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all express and suggested service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) guidance, recommendations, details or services offered by the Seller, its staff members, servants or agents to the Buyer concerning the Item, their use and application, are expressly excluded.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging 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 agents or staff member's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, information or services offered by the Seller or the Seller's representatives or employees.

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

35. If the Seller is responsible for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Item or obtaining equivalent Item; (d) the payment of the expense of having the Product fixed (Group Training in Hillarys ).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, price lists and other marketing matter, are planned merely to offer an indication of the items explained therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that result may be affixed and it must not be ruined wiped out or eliminated from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the goods. Group Training in Gnangara WA.

If the Seller has followed a design or instructions offered by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, costs and costs of the Seller arising from any infringement of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any style or direction given by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or implied shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no arrangement 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 generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Sorrento Western Australia. Unless specified elsewhere it is the purchaser's duty to obtain any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or duty of performance of this agreement wherever and to the level to which fulfilment of the exact same is prevented, annoyed or prevented as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing declaration, financing change statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these terms make up a security arrangement for the purposes of the PPSA and develops a security interest in all Product that have previously been supplied which will be provided in the future by FLEX FITNESS Devices to the Consumer.