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

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If the Seller thinks about the Quotation contains an error, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Purchaser will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Price and the price that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Item; (b) to get in the Buyer's properties (or the properties of any associated Company or representative where the Item 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 Goods are re-sold, or items manufactured utilizing the Product are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Item offered or utilized in the manufacture of the Item sold in a separate recognizable account as the useful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the truth that the Goods end up being components attached to the premises of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming belongings of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Warwick WA.

Our liability in respect of any defect in, or failure of the goods 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 approval of the products, and is just valid for flaws or failure under correct use and which emerge solely from faulty style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in clause 35, all reveal and suggested warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, recommendations, details or services provided by the Seller, its workers, servants or agents to the Purchaser regarding the Goods, their use and application, are expressly omitted.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, info or services offered by the Seller or the Seller's representatives or staff members.

34. If the Item are defective, the Seller shall make good the problem 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 Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Item or obtaining comparable Item; (d) the payment of the cost of having actually the Product fixed (Gym in Tapping WA).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, cost lists and other advertising matter, are meant merely to give an indicator of the items described therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that impact might be affixed and it must not be ruined obliterated or gotten rid of from the products. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Personal Trainer in Edgewater WA.

If the Seller has followed a design or directions given by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and expenses of the Seller developing from any violation of a patent, trademark, registered design, copyright or common law right. The Buyer on its part warrants that any design or instruction provided by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Agreements and shipments may be suspended in case 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 delaying the execution or performance of any agreement, and no obligation shall 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 guarantees whatsoever on our part whether expressed or implied shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in writing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Greenwood Western Australia. Unless specified in other places it is the buyer's duty to acquire any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We will be alleviated of our liability or responsibility of efficiency of this agreement any place and to the degree to which fulfilment of the very same is prevented, frustrated or hindered as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding declaration, financing change statement, security arrangement, 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 constitute a security contract for the purposes of the PPSA and creates a security interest in all Item that have formerly been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.