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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the problem 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 Price, the Seller might at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference between the Purchase Price 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 up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Purchaser's properties (or the facilities of any associated Company or representative where the Product are situated) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items produced using the Product are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice cost of the Goods sold or utilized in the manufacture of the Product sold in a separate recognizable account as the advantageous home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Product become fixtures connected to the facilities of the Buyer or a 3rd celebration, and if the Seller enters those facilities for the function of recovering ownership of the items, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Gnangara Western Australia.

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the problem or failure at our own expense. Our assurance period is 12 months from the date of approval of the goods, and is just legitimate for defects or failure under appropriate usage and which occur exclusively from malfunctioning design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall 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 service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, setup, materials or workmanship; or (c) guidance, suggestions, details or services provided by the Seller, its employees, servants or representatives to the Purchaser relating to the Goods, their use and application, are expressly excluded.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the advice, suggestions, info or services provided by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its choice: (a) fixing the Product; or (b) changing the Goods; 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 warranty implied 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 Goods or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or obtaining comparable Item; (d) the payment of the cost of having the Item repaired (Personal Training in Greenwood Western Australia).

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 actually first provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, price lists and other marketing matter, are meant merely to provide an indicator of the goods described therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the products, an imprint to that result might be attached and it must not be ruined wiped out or eliminated from the items. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the products. Nutritionist in Aveley WA.

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

Agreements and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, 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 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 revealed or implied shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred 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 shall be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Wangara . Unless specified somewhere else it is the buyer's obligation to acquire any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be eliminated of our liability or duty of efficiency of this agreement wherever and to the level to which fulfilment of the very same is prevented, frustrated or hindered as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding declaration, funding modification statement, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and agrees that these terms constitute a security contract for the functions of the PPSA and creates a security interest in all Item that have formerly been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.