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

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If the Seller thinks about the Quotation includes an error, such a miscalculation of the Purchase Cost, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the difference in between the Purchase Rate and the price that would have been the Purchase Rate if the mistake had not been made.

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

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If the Item are re-sold, or products produced utilizing the Item are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the billing price of the Goods sold or utilized in the manufacture of the Goods sold in a different recognizable account as the beneficial residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not impacted by the fact that the Goods end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of recovering ownership of the products, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Tapping Western Australia.

Our liability in respect of any defect in, or failure of the products supplied, 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 expense. Our guarantee period is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under appropriate use and which arise exclusively from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in clause 35, all reveal and implied warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its workers, servants or agents to the Purchaser relating to the Item, their usage and application, are specifically excluded.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item including loss or damage occurring 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 Item; or (c) the advice, recommendations, information or services provided by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller shall make great the defect by doing any one of the following at its alternative: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the expense of replacing the Product or getting equivalent Item; (d) the payment of the expense of having actually the Item fixed (Nutritionist in Ellenbrook Western Australia).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, catalog and other advertising matter, are planned simply to give an indication of the goods explained therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that effect may be attached and it needs to not be ruined obliterated or eliminated from the products. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Group Training in Carramar WA.

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

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Wangara WA. Unless specified in other places it is the buyer's obligation to acquire any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of performance of this agreement anywhere and to the level to which fulfilment of the exact same is avoided, frustrated or hindered as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding declaration, financing modification statement, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these terms make up a security arrangement for the purposes of the PPSA and creates a security interest in all Product that have formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.