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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of commercial excellent 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 considers the Quote contains an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

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

The Seller reserves the following rights in relation to the Product until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to enter the Buyer's facilities (or the premises of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured 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 price of the Product sold or used in the manufacture of the Item offered in a separate identifiable account as the advantageous home of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Product become components connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming belongings of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Marangaroo WA.

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the items, and is only valid for defects or failure under correct use and which emerge solely from defective design, materials 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 express and implied guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) style, assembly, setup, materials or workmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its employees, servants or representatives to the Buyer 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 financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, suggestions, info or services provided by the Seller or the Seller's representatives or staff members.

34. If the Item are malfunctioning, the Seller shall make great the defect by doing any among the following at its choice: (a) fixing the Goods; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or obtaining equivalent Product; (d) the payment of the expense of having actually the Item repaired (Personal Training in Darch ).

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, rate lists and other marketing matter, are intended merely to give a sign of the products described therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that impact may be affixed and it must not be ruined obliterated or removed from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Nutritionist in Brabham .

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

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied shall 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 specifically agreed 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 lawsuits in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Sorrento WA. Unless specified elsewhere it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We will be alleviated of our liability or responsibility of performance of this contract anywhere and to the degree to which fulfilment of the very same is prevented, disappointed or prevented as an effect of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing statement, funding modification declaration, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Goods that have actually previously been supplied which will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.