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

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If the Seller considers the Quote consists of a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Buyer will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Price and the price that would have been the Purchase Cost if the error had not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's facilities (or the premises of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items produced using the Goods are offered by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the invoice cost of the Product sold or utilized in the manufacture of the Product sold in a separate identifiable account as the useful residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Item is not impacted by the truth that the Product become fixtures attached to the facilities of the Purchaser or a third party, and if the Seller goes into those facilities for the function of recovering ownership of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Hillarys WA.

Our liability in respect of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the defect or failure at our own cost. Our assurance period is 12 months from the date of approval of the items, and is just valid for flaws or failure under appropriate use and which arise exclusively from faulty design, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in provision 35, all reveal and indicated service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, information or services supplied by the Seller, its employees, servants or representatives to the Buyer concerning the Item, their use and application, are specifically omitted.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, installation, 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 malfunctioning, the Seller shall make excellent the problem by doing any one of the following at its option: (a) repairing the Item; or (b) changing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Price 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 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Product or obtaining comparable Product; (d) the payment of the cost of having actually the Goods repaired (Gym in Ocean Reef Western Australia).

36. The Purchaser should not return any Goods 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 should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, rate lists and other marketing matter, are intended simply to provide an indication of the goods explained therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the items, an imprint to that impact might be affixed and it must not be ruined wiped out or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Nutritionist in Pearsall Western Australia.

If the Seller has actually followed a style or instructions offered by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenditures of the Seller developing from any violation of a patent, hallmark, signed up design, copyright or common law right. The Purchaser on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, 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 responsibility will attach to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Marangaroo . Unless specified elsewhere it is the purchaser's duty to get any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer'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, annoyed or hindered as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, financing change statement, security agreement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security contract for the purposes of the PPSA and develops a security interest in all Product that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.