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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs 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 Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quotation includes an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference between the Purchase Cost and the cost that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Purchaser's properties (or the facilities of any associated Company 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 Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured using the Goods are offered by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Goods sold in a different recognizable account as the useful residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Product end up being components attached to the premises of the Buyer or a 3rd party, and if the Seller enters those premises for the function of reclaiming belongings of the products, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Wanneroo .

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the products, and is just valid for defects or failure under correct usage and which arise exclusively from malfunctioning style, 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 provided in stipulation 35, all reveal and suggested 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) design, assembly, setup, products or craftsmanship; or (c) advice, suggestions, information or services provided by the Seller, its employees, servants or agents to the Purchaser relating to the Product, their use and application, are specifically excluded.

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The Seller will not be accountable 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 Item consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, info or services offered by the Seller or the Seller's representatives or workers.

34. If the Product are faulty, the Seller will make great the problem by doing any one of the following at its choice: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods 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 guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Goods or acquiring equivalent Goods; (d) the payment of the expense of having actually the Item repaired (Nutritionist in Joondalup ).

36. The Buyer 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 should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, price lists and other advertising matter, are intended simply to give an indication of the goods explained therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the goods, an imprint to that effect may be affixed and it should not be defaced obliterated or removed from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Group Training in Sorrento .

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

Agreements and shipments might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any contract, and no responsibility will attach 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 implied will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no arrangement for liquidated damages will form part of the contract.

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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 - Personal Trainer in Sorrento Western Australia. Unless defined somewhere else it is the purchaser's duty to acquire any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of performance of this contract wherever and to the extent to which fulfilment of the very same is prevented, disappointed or hindered as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, financing change declaration, security contract, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Goods that have previously been provided and that will be supplied in the future by FLEX FITNESS Devices to the Client.