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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, 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 Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote includes an error, such a mistake of the Purchase Price, the Seller may at any time, including after shipment of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

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

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

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If the Product are re-sold, or products manufactured utilizing the Item are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Product sold or used in the manufacture of the Product offered in a different identifiable account as the helpful residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Product is not affected by the fact that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd celebration, and if the Seller goes into those facilities for the function of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Warwick .

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own cost. Our assurance duration is 12 months from the date of approval of the items, and is only valid for flaws or failure under correct usage and which emerge exclusively from malfunctioning style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in clause 35, all express and implied warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) advice, recommendations, info or services provided by the Seller, its staff members, servants or agents to the Purchaser relating to the Goods, their usage and application, are specifically left out.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods 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, setup, or operation of the Product; or (c) the advice, recommendations, information or services offered by the Seller or the Seller's representatives or staff members.

34. If the Product are malfunctioning, the Seller shall make great the problem by doing any one of the following at its option: (a) repairing the Item; or (b) changing the Product; or (c) taking the products 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 indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the cost of changing the Goods or acquiring comparable Goods; (d) the payment of the expense of having actually the Item fixed (Group Training in Wanneroo ).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (composed) 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 dimensions consisted of in our brochures, rate lists and other marketing matter, are intended simply to give an indicator of the items explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the items, an imprint to that impact might be affixed and it should not be ruined eliminated or eliminated from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Group Training in Joondalup .

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

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or indicated shall form part of this agreement 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 provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Singara . Unless specified somewhere else it is the buyer's duty to obtain any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be eased of our liability or duty of performance of this agreement any place and to the degree to which fulfilment of the very same is avoided, frustrated or prevented as an effect of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing statement, funding change statement, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these terms and conditions make up a security contract for the purposes of the PPSA and develops a security interest in all Item that have actually previously been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Client.