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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 problem of the Credit Note is an act of commercial 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 considers the Quotation contains a mistake, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Price and the price that would have been the Purchase Rate if the error had actually not been made.

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

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

30. The Seller's home in the Item is not affected by the truth that the Item become components connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those facilities for the function of recovering possession of the items, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Woodvale WA.

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such defect 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 only legitimate for problems or failure under proper usage and which develop exclusively from defective style, materials or craftsmanship.

Without limiting 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 offered in provision 35, all reveal and implied warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, installation, products or workmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its employees, servants or representatives to the Purchaser regarding the Goods, their use and application, are expressly omitted.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Product are defective, the Seller shall make great the flaw by doing any one of the following at its choice: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Item or obtaining comparable Item; (d) the payment of the cost of having actually the Goods fixed (Personal Training in Woodvale ).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements contained in our brochures, price lists and other advertising matter, are intended simply to offer a sign of the items described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the items, an imprint to that impact might be attached and it should not be ruined eliminated or eliminated from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Personal Training in Brabham WA.

If the Seller has actually followed a style or directions provided by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, expenses and costs of the Seller emerging from any violation of a patent, trademark, registered design, copyright or common law right. The Buyer on its part warrants that any style or direction provided by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or performance of any contract, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or suggested will form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in composing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Marangaroo . Unless defined elsewhere it is the buyer's duty to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of performance of this agreement any place and to the degree to which fulfilment of the very same is prevented, annoyed or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding statement, financing modification declaration, security agreement, and security interest has actually the significance 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 purposes of the PPSA and develops a security interest in all Goods that have actually formerly been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.