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

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If the Seller thinks about the Quote consists of a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Price and the price that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the properties of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured utilizing the Goods are sold by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice cost of the Item sold or utilized in the manufacture of the Goods sold in a separate recognizable account as the beneficial residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not affected by the truth that the Product become components connected to the facilities of the Buyer or a third party, and if the Seller goes into those properties for the function of recovering possession of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Pearsall Western Australia.

Our liability in respect of any defect in, or failure of the products provided, 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 cost. Our assurance duration is 12 months from the date of acceptance of the products, and is only valid for problems or failure under appropriate use and which occur entirely from defective design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in stipulation 35, all reveal and implied warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their use and application, are expressly excluded.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging 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 agents or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the suggestions, recommendations, information or services supplied by the Seller or the Seller's agents or staff members.

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) replacing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the cost of changing the Product or getting equivalent Goods; (d) the payment of the cost of having the Product fixed (Personal Trainer in Lansdale WA).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quotation 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 dimensions contained in our brochures, catalog and other advertising matter, are intended merely to offer a sign of the products described therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the products, an imprint to that impact may be attached and it must not be ruined wiped out or eliminated from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Personal Trainer in Padbury .

If the Seller has followed a style or guidelines offered by the Buyer, the Purchaser will indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller developing from any infringement of a patent, trademark, registered design, copyright or typical law right. The Buyer on its part warrants that any style or direction offered by it will not cause the Seller to infringe any patent, signed up style, hallmark, 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 activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed 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 lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Padbury WA. Unless specified somewhere else it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of performance of this agreement wherever and to the degree to which fulfilment of the exact same is avoided, disappointed or impeded as a repercussion of any statute, rule, regulation, 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 actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these terms and conditions make up a security arrangement for the purposes of the PPSA and creates a security interest in all Item that have formerly been supplied which will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.