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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs 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 Purchaser in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller considers the Quotation includes a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after shipment of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Cost 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 Item till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Purchaser's premises (or the premises of any associated Company or agent where the Goods are located) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Product are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing price of the Product offered or used in the manufacture of the Product sold in a separate identifiable account as the beneficial home of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not impacted by the reality that the Item end up being fixtures attached to the facilities of the Buyer or a third party, and if the Seller goes into those facilities for the purpose of recovering possession of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Mullaloo WA.

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the flaw or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the goods, and is only legitimate for problems or failure under appropriate use and which develop solely from malfunctioning style, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in clause 35, all express and implied guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) advice, suggestions, info or services offered by the Seller, its employees, servants or agents to the Buyer relating to the Product, their usage and application, are specifically excluded.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the recommendations, suggestions, details or services supplied by the Seller or the Seller's agents or employees.

34. If the Item are defective, the Seller shall make great the defect by doing any one of the following at its option: (a) fixing the Product; or (b) changing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Product or obtaining comparable Goods; (d) the payment of the cost of having actually the Product repaired (Personal Trainer in The Vines ).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, cost lists and other advertising matter, are intended simply to offer an indication of the goods described therein and none of these will form part of the contract unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that result might be attached and it must not be ruined obliterated or gotten rid of from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the items. Personal Trainer in Mullaloo .

If the Seller has followed a style or guidelines provided by the Buyer, the Purchaser shall indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller emerging from any infringement of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Contracts and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any contract, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or implied will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing no provision 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 will be brought in the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Ellenbrook . Unless specified in other places it is the buyer's obligation to acquire any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

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

45. 1 In this provision financing declaration, financing change declaration, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and concurs that these terms make up a security agreement for the purposes of the PPSA and develops a security interest in all Item that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.