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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller thinks about the Quote includes an error, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Cost and the cost that would have been the Purchase Cost 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 totally paid: (a) legal ownership of the Item; (b) to get in the Purchaser's premises (or the premises of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to take belongings of the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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

30. The Seller's home in the Item is not affected by the truth that the Product end up being fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of reclaiming possession of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Joondalup WA.

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the products, and is only legitimate for flaws or failure under proper usage and which occur exclusively from defective style, products or workmanship.

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. Except as supplied in stipulation 35, all reveal and implied service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, details or services provided by the Seller, its employees, servants or agents to the Buyer relating to the Item, their use and application, are specifically left out.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller will make great the defect by doing any one of the following at its option: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the items 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 guarantee indicated 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 Goods or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Item or obtaining equivalent Goods; (d) the payment of the expense of having actually the Item fixed (Group Training in Gnangara ).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, price lists and other marketing matter, are meant simply to provide a sign of the products explained therein and none of these shall form part of the agreement unless specifically concurred 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 effect may be attached and it must not be defaced eliminated or removed from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Nutritionist in Ellenbrook WA.

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

Contracts and deliveries might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or suggested shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in composing no provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Woodvale . Unless defined somewhere else it is the buyer's obligation to acquire any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We shall be eased of our liability or duty of efficiency of this agreement any place and to the extent to which fulfilment of the 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 provision funding declaration, funding change statement, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these conditions make up a security contract for the functions of the PPSA and creates a security interest in all Product that have previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.