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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of commercial excellent 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 Quote consists of an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference between the Purchase Price and the cost that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Buyer's properties (or the facilities of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to acquire the Item; 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 made using the Item are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing rate of the Goods offered or used in the manufacture of the Product sold in a different recognizable account as the beneficial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Product become fixtures attached to the properties of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering possession of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Woodvale Western Australia.

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under correct use and which arise exclusively from faulty design, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in stipulation 35, all reveal and implied warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, setup, materials or workmanship; or (c) advice, suggestions, info or services offered by the Seller, its workers, servants or agents to the Purchaser concerning the Product, their usage and application, are specifically excluded.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the recommendations, recommendations, information or services provided by the Seller or the Seller's representatives or staff members.

34. If the Goods are malfunctioning, the Seller shall make excellent the defect by doing any among the following at its alternative: (a) repairing the Goods; or (b) changing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee 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 Item or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Item or acquiring equivalent Goods; (d) the payment of the cost of having actually the Item fixed (Gym in Wanneroo WA).

36. The Buyer must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are intended merely to offer a sign of the products explained therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the products, an imprint to that result may be affixed and it should not be ruined eliminated or eliminated from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the items. Nutritionist in Pearsall .

If the Seller has actually followed a design or directions provided by the Buyer, the Purchaser shall indemnify the Seller versus all damages, penalties, costs and expenses of the Seller developing from any infringement of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, 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 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, warranties and warranties whatsoever on our part whether expressed or implied will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred 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 Ellenbrook . Unless defined elsewhere it is the buyer's duty to get any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of performance of this contract any place and to the extent to which fulfilment of the exact same is prevented, annoyed or impeded as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding declaration, financing change declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and creates a security interest in all Item that have formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Client.