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

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If the Seller thinks about the Quotation consists of a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the difference between the Purchase Cost and the price that would have been the Purchase Cost if the mistake had not been made.

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

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

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Product end up being components attached to the premises of the Buyer or a third party, and if the Seller goes into those premises for the function of recovering ownership of the items, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Padbury .

Our liability in regard of any flaw in, or failure of the items 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 expense. Our warranty duration is 12 months from the date of acceptance of the items, and is only valid for defects or failure under correct usage and which develop entirely from faulty design, products or workmanship.

Without restricting 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 provided in provision 35, all reveal and implied service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) advice, suggestions, information or services supplied by the Seller, its workers, servants or representatives to the Purchaser relating to the Product, their usage and application, are specifically excluded.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods including loss or damage arising 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 Product; or (c) the recommendations, suggestions, information or services offered by the Seller or the Seller's representatives or workers.

34. If the Goods are faulty, the Seller will make great the defect by doing any among the following at its alternative: (a) repairing the Product; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Goods or acquiring comparable Goods; (d) the payment of the cost of having the Item fixed (Gym in Darch ).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered 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 measurements included in our brochures, catalog and other advertising matter, are intended simply to offer a sign of the products described therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that effect may be affixed and it needs to not be ruined wiped out or gotten rid of from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the goods. Nutritionist in Mullaloo Western Australia.

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

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no obligation will 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 implied will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in composing no arrangement 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 Training in Pearsall . Unless defined elsewhere it is the purchaser's duty to obtain any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or duty of efficiency of this contract anywhere and to the extent to which fulfilment of the exact same is prevented, disappointed or prevented as an effect of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding declaration, financing change declaration, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and agrees that these terms constitute a security agreement for the functions of the PPSA and produces a security interest in all Goods that have formerly been provided which will be provided in the future by FLEX FITNESS Devices to the Customer.