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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser 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 a mistake, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the price that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Buyer's properties (or the premises of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured using the Item are offered by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the invoice cost of the Product offered or utilized in the manufacture of the Item sold in a separate recognizable account as the beneficial residential or commercial property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the purpose of recovering ownership of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Ocean Reef Western Australia.

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the defect or failure at our own cost. Our warranty period is 12 months from the date of approval of the items, and is only legitimate for problems or failure under proper use and which arise entirely from malfunctioning style, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as offered in clause 35, all express and implied warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, info or services supplied by the Seller, its employees, servants or representatives to the Purchaser regarding the Product, their use and application, are expressly left out.

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

34. If the Goods are malfunctioning, the Seller will make great the flaw by doing any one of the following at its choice: (a) repairing the Goods; or (b) changing the Goods; or (c) taking the products 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 indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the cost of replacing the Goods or obtaining equivalent Goods; (d) the payment of the expense of having the Goods repaired (Personal Training in Darch ).

36. The Buyer should not return any Item which the Buyer 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 should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, catalog and other advertising matter, are meant merely to provide an indication of the items described therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that effect may be affixed and it needs to not be ruined obliterated or eliminated from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the items. Personal Trainer in Wangara Western Australia.

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

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no obligation 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 warranties whatsoever on our part whether revealed or implied will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Sorrento Western Australia. Unless defined in other places it is the buyer's obligation to acquire any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of performance of this agreement anywhere and to the degree to which fulfilment of the very same is avoided, frustrated or impeded as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing declaration, funding modification statement, security arrangement, and security interest has actually the significance given to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and concurs that these terms and conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Product that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.