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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the issue 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 referring to the issue of the Credit Note.

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If the Seller considers the Quote includes a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

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

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

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If the Product are re-sold, or products manufactured using the Item are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice price of the Product offered or utilized in the manufacture of the Item offered in a different identifiable account as the beneficial home of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not impacted by the truth that the Product become components connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those properties for the purpose of recovering ownership of the products, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Tapping .

Our liability in respect of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the defect or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is just legitimate for defects or failure under appropriate usage and which arise solely from defective design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as offered in clause 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 Product for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, suggestions, info or services supplied by the Seller, its staff members, servants or agents to the Purchaser concerning the Item, their use and application, are specifically left out.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the advice, recommendations, information or services provided by the Seller or the Seller's agents or workers.

34. If the Item are defective, the Seller will make great the defect by doing any one of the following at its option: (a) repairing the Item; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the cost of replacing the Product or obtaining comparable Goods; (d) the payment of the expense of having the Product fixed (Personal Training in Aveley Western Australia).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially given its (written) 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 dimensions included in our catalogues, rate lists and other advertising matter, are planned merely to provide a sign of the goods explained therein and none of these will form part of the contract unless specifically agreed in writing.

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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 effect might be attached and it must not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Nutritionist in Ellenbrook .

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

Agreements and deliveries may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances 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 writing and unless specifically concurred by us in writing no provision 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 will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Wangara . Unless specified elsewhere it is the buyer's obligation to obtain any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or duty of efficiency of this agreement anywhere and to the degree to which fulfilment of the very same is avoided, disappointed or hindered as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, funding change statement, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these conditions make up a security contract for the functions of the PPSA and produces a security interest in all Goods that have formerly been provided which will be supplied in the future by FLEX FITNESS Devices to the Customer.