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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern 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 referring to the issue of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a mistake of the Purchase Price, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the price 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 Goods until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the facilities of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to take belongings of 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 using the Item are sold by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the invoice price of the Item sold or utilized in the manufacture of the Goods offered in a different identifiable account as the useful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Product become components attached to the properties of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming possession of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Ellenbrook WA.

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect 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 acceptance of the items, and is only legitimate for flaws or failure under proper use and which occur exclusively from faulty style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as supplied in clause 35, all express and suggested guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its employees, servants or agents to the Buyer regarding the Product, their usage and application, are expressly 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 developing 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 representatives or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, information or services provided by the Seller or the Seller's agents or workers.

34. If the Product are faulty, the Seller shall make great the problem by doing any one of the following at its alternative: (a) repairing the Product; or (b) replacing 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 accountable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the expense of replacing the Goods or getting equivalent Item; (d) the payment of the expense of having the Goods repaired (Personal Training in Ellenbrook Western Australia).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first provided its (composed) 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 consisted of in our brochures, rate lists and other marketing matter, are planned merely to provide a sign of the products explained therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the goods, an imprint to that effect may be affixed and it should not be defaced eliminated or removed from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Nutritionist in Wanneroo WA.

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

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no duty will attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or indicated shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in composing no provision for liquidated damages will 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 brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Tapping . Unless defined elsewhere it is the buyer's duty to acquire any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of performance of this agreement anywhere and to the degree to which fulfilment of the exact same is prevented, frustrated or impeded as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding statement, financing modification statement, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these conditions constitute a security agreement for the purposes of the PPSA and produces a security interest in all Item that have previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.