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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the problem of the Credit Note.

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If the Seller thinks about the Quotation consists of a mistake, such a mistake of the Purchase Price, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Price 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 till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's premises (or the properties of any associated Business or agent where the Product 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 Goods are re-sold, or products made using the Product are sold by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice rate of the Goods sold 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 demand.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Product end up being fixtures connected to the properties of the Buyer 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 Buyer indemnifies the Seller against that liability. Nutritionist in Greenwood WA.

Our liability in respect of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the items, and is just valid for defects or failure under proper usage and which occur exclusively from faulty design, products or craftsmanship.

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 clause 35, all reveal and suggested warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, recommendations, information or services provided by the Seller, its staff members, servants or agents to the Buyer concerning the Product, their use and application, are specifically excluded.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the guidance, recommendations, info or services provided by the Seller or the Seller's agents or staff members.

34. If the Goods are malfunctioning, the Seller will make great the problem by doing any among the following at its choice: (a) repairing the Product; or (b) replacing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the expense of replacing the Goods or acquiring comparable Product; (d) the payment of the cost of having the Product repaired (Personal Trainer in Wanneroo WA).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, price lists and other advertising matter, are meant merely to provide an indicator of the products described therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that effect may be affixed and it must not be ruined obliterated or removed from the items. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the products. Personal Trainer in Marangaroo .

If the Seller has followed a design or instructions provided by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, costs and expenses of the Seller emerging from any infringement of a patent, trademark, signed up style, 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 style, trademark, copyright or typical law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no obligation shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or indicated will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in writing no provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Greenwood . Unless specified elsewhere it is the purchaser's obligation to obtain any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of efficiency of this agreement any place and to the level to which fulfilment of the same is avoided, annoyed or impeded as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding statement, funding change declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and concurs that these terms and conditions make up a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have actually formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Consumer.