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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern 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 pertaining to the issue of the Credit Note.

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If the Seller considers the Quote consists of an error, such a mistake of the Purchase Price, the Seller might at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

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

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the facilities of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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

30. The Seller's property in the Goods is not impacted by the fact that the Product become components attached to the facilities of the Buyer or a 3rd party, and if the Seller enters those premises for the function of reclaiming belongings of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Woodvale .

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our guarantee period is 12 months from the date of approval of the items, and is only valid for flaws or failure under correct use and which emerge solely from defective design, materials 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 buyer. 32. Except as provided in provision 35, all express and suggested service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, recommendations, info or services offered by the Seller, its employees, servants or representatives to the Purchaser concerning the Goods, their use and application, are specifically excluded.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, details or services offered by the Seller or the Seller's agents or employees.

34. If the Goods are malfunctioning, the Seller will make good the problem by doing any among the following at its alternative: (a) repairing the Goods; or (b) changing the Goods; 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 accountable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the expense of replacing the Item or getting equivalent Product; (d) the payment of the expense of having the Product repaired (Nutritionist in Ocean Reef WA).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first 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 catalogues, rate lists and other advertising matter, are intended merely to offer a sign of the items described therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the goods, an imprint to that impact might be affixed and it must not be ruined wiped out or removed from the products. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Pearsall .

If the Seller has followed a style or instructions given by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, costs and costs of the Seller arising from any violation of a patent, hallmark, registered design, copyright or typical law right. The Buyer on its part warrants that any design or instruction offered by it will not trigger the Seller to infringe any patent, registered 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, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no duty shall 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 revealed or indicated will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed 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 will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Brabham Western Australia. Unless defined somewhere else it is the purchaser's obligation to acquire any licenses and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We will be alleviated of our liability or obligation of performance of this contract wherever and to the degree to which fulfilment of the same is avoided, frustrated or hindered as an effect of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, financing modification declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms and conditions constitute a security contract for the purposes 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 Client.