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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller thinks about the Quotation includes a mistake, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction between the Purchase Rate and the price that would have been the Purchase Rate if the error had not been made.

The Seller reserves the list below rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to get in the Buyer'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 seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or items produced using the Product are offered by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice cost of the Item offered or used 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 amount to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not impacted by the truth that the Item become fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller enters those properties for the purpose of recovering ownership of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Hillarys .

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the problem or failure at our own cost. Our warranty duration is 12 months from the date of approval of the goods, and is only legitimate for problems or failure under appropriate usage and which occur exclusively from faulty style, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in stipulation 35, all express and suggested guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) suggestions, suggestions, info or services offered by the Seller, its staff members, servants or agents to the Purchaser concerning the Product, their usage and application, are specifically excluded.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging 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 employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, recommendations, information or services offered by the Seller or the Seller's representatives or employees.

34. If the Product are faulty, the Seller will make great the defect by doing any among the following at its choice: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Rate 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 Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or acquiring equivalent Goods; (d) the payment of the expense of having actually the Item repaired (Personal Trainer in Woodvale WA).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, catalog and other marketing matter, are intended merely to offer an indication of the products explained therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the products, an imprint to that result might be attached and it needs to not be ruined eliminated or removed from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the goods. Personal Trainer in Hillarys Western Australia.

If the Seller has actually followed a design or directions given by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, costs and expenses of the Seller arising from any infringement of a patent, hallmark, signed up style, 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, signed up style, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred 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 proper jurisdiction in Australia. 43 - Personal Training in Carramar WA. Unless defined elsewhere it is the buyer's obligation to get any licenses and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We shall be eased of our liability or duty of performance of this contract wherever and to the level to which fulfilment of the same is prevented, annoyed or impeded as an effect of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing statement, funding modification declaration, security contract, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and develops a security interest in all Product that have actually formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.