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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 Buyer agrees that the problem of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the issue of the Credit Note.

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

If the Seller considers that the Purchase Cost has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference between the Purchase Rate and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Buyer's facilities (or the properties of any associated Business or representative where the Item are located) 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 Goods are re-sold, or products produced using the Item are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice cost of the Item offered or used in the manufacture of the Product sold in a different recognizable account as the helpful residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Product is not impacted by the reality that the Product end up being components connected to the premises of the Purchaser or a 3rd celebration, and if the Seller goes into those facilities for the function of reclaiming ownership of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in The Vines .

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 flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the items, and is only legitimate for flaws or failure under correct usage and which develop exclusively from malfunctioning design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as offered in provision 35, all reveal and indicated guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, details or services provided by the Seller, its workers, servants or representatives to the Purchaser concerning the Item, 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 developing out of or in relation to the Product including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's agents or workers.

34. If the Goods are defective, the Seller will make great the flaw by doing any one of the following at its choice: (a) fixing the Item; or (b) changing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has been Paid.

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

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (composed) 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 brochures, cost lists and other advertising matter, are intended merely to give a sign of the items described therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that impact may be attached and it should not be ruined obliterated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Personal Training in Sorrento .

If the Seller has followed a design or guidelines offered by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and costs of the Seller developing from any violation of a patent, hallmark, registered design, copyright or typical law right. The Buyer on its part warrants that any design or guideline offered by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no duty will 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 expressed or implied will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no arrangement 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 - Personal Trainer in Brabham Western Australia. Unless defined in other places it is the purchaser's duty to obtain any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this agreement wherever and to the extent to which fulfilment of the exact same is prevented, frustrated or hindered as a repercussion of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

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