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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of industrial 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 thinks about the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Item, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction between the Purchase Cost and the price that would have been the Purchase Price if the error 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 totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's premises (or the properties of any associated Business or representative where the Product are located) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Item are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the billing price of the Goods offered or used in the manufacture of the Goods offered in a different recognizable account as the advantageous home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the fact that the Item become fixtures connected to the facilities of the Buyer or a 3rd celebration, and if the Seller goes into those premises for the function of recovering ownership of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Joondalup 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 defect or failure, is restricted to making great the flaw or failure at our own cost. Our assurance duration is 12 months from the date of approval of the goods, and is just valid for defects or failure under correct usage and which emerge entirely from faulty style, products or workmanship.

Without restricting 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 stipulation 35, all reveal and indicated warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, recommendations, information or services offered by the Seller, its employees, servants or agents to the Buyer relating to the Product, their usage and application, are specifically omitted.

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The Seller shall not be accountable 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 including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's agents or staff members.

34. If the Item are defective, the Seller shall make excellent the flaw by doing any one of the following at its alternative: (a) repairing the Item; or (b) replacing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Item or getting equivalent Product; (d) the payment of the cost of having actually the Item repaired (Nutritionist in henley Brook Western Australia).

36. The Buyer must not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, rate lists and other marketing matter, are intended merely to offer an indicator of the items explained therein and none of these will form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that impact may be attached and it needs to not be ruined wiped out or eliminated from the items. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the goods. Nutritionist in Darch .

If the Seller has followed a style or directions provided by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller occurring from any violation of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or hold-up due to any of the giving up 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 concurred by us in composing and unless specifically concurred by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Gnangara . Unless specified somewhere else it is the buyer's responsibility to obtain any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or responsibility of performance of this agreement wherever and to the extent to which fulfilment of the exact same is prevented, frustrated or impeded as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, funding change statement, security arrangement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these terms constitute a security agreement for the functions of the PPSA and produces a security interest in all Product that have previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.