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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 Buyer agrees that the issue of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Price and the cost that would have been the Purchase Rate 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 completely paid: (a) legal ownership of the Product; (b) to go into the Buyer's premises (or the facilities of any associated Company or agent where the Item are located) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced utilizing the Item are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the invoice cost of the Goods sold or used in the manufacture of the Item offered in a separate recognizable account as the helpful residential or commercial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the truth that the Product end up being components connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of recovering ownership of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Marangaroo Western Australia.

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the flaw or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is only valid for defects or failure under correct use and which emerge entirely from malfunctioning design, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in stipulation 35, all reveal and indicated service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, recommendations, info or services provided by the Seller, its employees, servants or agents to the Purchaser regarding the Goods, their use and application, are specifically excluded.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the recommendations, suggestions, details or services offered by the Seller or the Seller's representatives or employees.

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

35. If the Seller is liable for a breach of a condition or guarantee 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 Product or supply of comparable Product, or (b) the repair work of the Item; (c) the payment of the cost of changing the Goods or acquiring equivalent Goods; (d) the payment of the cost of having the Item repaired (Personal Training in Brabham Western Australia).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, rate lists and other advertising matter, are meant simply to offer 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 designs or copyright features are embodied in the design of the items, an imprint to that result may be affixed and it needs to not be defaced eliminated or gotten rid of from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in Marangaroo WA.

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

Contracts and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Tapping . Unless defined in other places it is the buyer's duty to acquire any authorizations 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 obligation of efficiency of this contract any place and to the level to which fulfilment of the same is prevented, disappointed or prevented as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding declaration, financing change statement, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these terms and 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 supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.