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25. If the Seller problems 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 industrial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller thinks about the Quote contains a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, including after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Item offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Cost and the rate that would have been the Purchase Price if the error had 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 Goods; (b) to enter the Purchaser's premises (or the properties of any associated Company or agent where the Item lie) 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 products made utilizing the Goods are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Item offered in a different identifiable account as the useful 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 impacted by the fact that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of recovering possession of the items, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in henley Brook Western Australia.

Our liability in regard of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the goods, and is only valid for problems or failure under appropriate usage and which develop exclusively from defective design, products or craftsmanship.

Without limiting 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 provided in stipulation 35, all express and implied guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) guidance, recommendations, details or services offered by the Seller, its staff members, servants or agents to the Purchaser concerning the Item, their usage and application, are specifically excluded.

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The Seller will not be responsible to the Purchaser 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 including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's representatives or staff members.

34. If the Product are defective, the Seller will make great the problem by doing any one of the following at its choice: (a) repairing the Product; or (b) changing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated 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 Item or supply of comparable Goods, or (b) the repair of the Goods; (c) the payment of the cost of changing the Goods or getting equivalent Goods; (d) the payment of the cost of having actually the Goods fixed (Group Training in Wangara WA).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (written) 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 dimensions contained in our catalogues, catalog and other marketing matter, are intended simply to give an indication of the items 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, signed up styles or copyright features are embodied in the design of the products, an imprint to that impact may be affixed and it must not be ruined obliterated or removed from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Nutritionist in Wanneroo .

If the Seller has followed a design or directions offered by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenses of the Seller developing from any infringement of a patent, trademark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any design or direction provided by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, 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 responsibility shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or indicated will form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in composing no provision for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Wangara . Unless specified somewhere else it is the buyer's duty to get any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or duty of efficiency of this contract wherever and to the level to which fulfilment of the exact same is avoided, disappointed or hindered as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding statement, funding change statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these conditions constitute a security agreement for the purposes of the PPSA and develops a security interest in all Item that have previously been provided and that will be provided in the future by FLEX FITNESS Devices to the Customer.