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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring 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 might at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, on need, the difference between the Purchase Price and the price that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Buyer's properties (or the premises of any associated Business or agent where the Goods lie) 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 Item are re-sold, or items produced utilizing the Item are offered by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice rate of the Item sold or utilized in the manufacture of the Item sold in a separate recognizable account as the advantageous property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not impacted by the reality that the Goods become fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those facilities for the function of recovering belongings of the products, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Ocean Reef Western Australia.

Our liability in regard of any problem in, or failure of the products provided, 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 guarantee period is 12 months from the date of acceptance of the items, and is just valid for flaws or failure under appropriate usage and which occur exclusively from malfunctioning design, materials or workmanship.

Without restricting 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 provided in clause 35, all express and suggested warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, suggestions, information or services provided by the Seller, its workers, servants or agents to the Purchaser concerning the Goods, their use and application, are expressly excluded.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the recommendations, recommendations, info or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are defective, the Seller shall make great the defect by doing any one of the following at its alternative: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Product or acquiring equivalent Goods; (d) the payment of the expense of having the Item fixed (Group Training in henley Brook ).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, cost lists and other marketing matter, are intended merely to give an indication of the products explained therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that result might be attached and it must not be defaced eliminated or gotten rid of from the items. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Darch WA.

If the Seller has followed a style or guidelines provided by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenditures of the Seller emerging from any violation of a patent, trademark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or direction offered by it will not cause 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 dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or implied 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 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 lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Padbury . Unless specified elsewhere it is the purchaser's responsibility to get any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or obligation of performance of this contract wherever and to the extent to which fulfilment of the exact same is prevented, annoyed or hindered as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding declaration, funding change statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and concurs that these terms constitute a security contract for the functions of the PPSA and develops a security interest in all Product that have previously been provided which will be provided in the future by FLEX FITNESS Devices to the Consumer.