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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 Buyer agrees that the concern of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Buyer 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 includes an error, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after shipment 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 Goods offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Rate if the error had not been made.

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

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If the Goods are re-sold, or items produced using the Product are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the billing rate of the Item sold or used in the manufacture of the Goods offered in a different identifiable account as the useful property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the truth that the Product end up being components attached to the facilities of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming possession of the goods, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Joondalup Western Australia.

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our warranty duration is 12 months from the date of approval of the goods, and is only legitimate for flaws or failure under correct use and which occur entirely from malfunctioning style, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in stipulation 35, all reveal and indicated service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, suggestions, details or services offered by the Seller, its employees, servants or representatives to the Purchaser concerning the Item, 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 arising out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, information or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is liable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of changing the Product or getting comparable Product; (d) the payment of the cost of having actually the Item repaired (Personal Trainer in Hillarys WA).

36. The Buyer needs to 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 needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, catalog and other advertising matter, are intended merely to give a sign of the goods described therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the items, an imprint to that result might be attached and it needs to not be defaced obliterated or gotten rid of from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Personal Training in Darch .

If the Seller has followed a style or directions offered by the Purchaser, the Buyer will indemnify the Seller versus all damages, charges, costs and expenditures of the Seller occurring from any violation of a patent, hallmark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or guideline given by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any agreement, 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, guarantees and warranties whatsoever on our part whether revealed or suggested shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred 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 litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Carramar WA. Unless defined somewhere else it is the purchaser's obligation to obtain any permits and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of performance of this agreement any place and to the extent to which fulfilment of the exact same is avoided, annoyed or prevented as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing declaration, financing change statement, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these terms and conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Goods that have formerly been supplied which will be supplied in the future by FLEX FITNESS Devices to the Customer.