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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of commercial great 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 Quotation includes a mistake, such a mistake of the Purchase Price, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Price and the cost that would have been the Purchase Price if the error had actually not been made.

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

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If the Product are re-sold, or items manufactured using the Item are sold by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the billing rate of the Item offered or utilized in the manufacture of the Item offered in a separate identifiable account as the useful residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Item is not affected by the fact that the Item end up being components connected to the premises of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of recovering possession of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in The Vines Western Australia.

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 restricted to making great the problem or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the items, and is only valid for problems or failure under correct use and which occur exclusively from faulty style, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in provision 35, all reveal and indicated service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, setup, materials or workmanship; or (c) suggestions, suggestions, info or services provided by the Seller, its staff members, servants or representatives to the Buyer regarding the Goods, their usage and application, are expressly omitted.

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The Seller will not be accountable to the Purchaser 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 developing as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the advice, recommendations, details or services supplied by the Seller or the Seller's representatives or workers.

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

35. If the Seller is liable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or obtaining comparable Goods; (d) the payment of the expense of having actually the Product repaired (Gym in Singara ).

36. The Purchaser needs to not return any Product which the Purchaser 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 dimensions consisted of in our catalogues, catalog and other advertising matter, are intended merely to provide an indication of the items described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that result may be affixed and it should not be ruined eliminated or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Personal Trainer in Ellenbrook WA.

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

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or performance of any agreement, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or suggested shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in composing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Ellenbrook . Unless specified in other places it is the purchaser's duty to acquire any licenses and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be eased of our liability or obligation of efficiency of this agreement anywhere and to the degree to which fulfilment of the exact same is prevented, annoyed or impeded as an effect of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding statement, financing change declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and agrees that these terms and conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Goods that have actually previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.