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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the issue 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 Quote contains a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction between the Purchase Price and the cost that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into 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 seize the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or items made utilizing the Goods are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Goods offered in a different recognizable account as the useful home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not affected by the fact that the Goods end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those facilities for the function of recovering possession of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Woodvale .

Our liability in regard of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the flaw or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the items, and is just legitimate for flaws or failure under appropriate usage 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 buyer. 32. Except as provided in clause 35, all express and indicated guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, recommendations, details or services offered by the Seller, its workers, servants or agents to the Purchaser relating to the Product, their use and application, are specifically left out.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the suggestions, suggestions, details or services offered by the Seller or the Seller's representatives or employees.

34. If the Goods are malfunctioning, the Seller shall make great the problem by doing any one of the following at its alternative: (a) repairing the Product; or (b) changing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the cost of changing the Goods or acquiring equivalent Product; (d) the payment of the expense of having actually the Product repaired (Nutritionist in Mullaloo ).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially 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, particulars of weights and measurements contained in our catalogues, catalog and other marketing matter, are planned merely to offer a sign of the goods explained therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the products, an imprint to that effect may be attached and it needs to not be defaced obliterated or removed from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Personal Training in The Vines .

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

Contracts and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or suggested will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in writing no arrangement 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 suitable jurisdiction in Australia. 43 - Personal Training in Sorrento Western Australia. Unless defined in other places it is the buyer's obligation to obtain any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of efficiency of this agreement anywhere and to the degree to which fulfilment of the same is avoided, annoyed or prevented as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, financing change statement, security arrangement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these terms make up a security agreement for the purposes of the PPSA and produces a security interest in all Product that have formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.