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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs 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 Buyer in relation to any of the matters pertaining to the issue of the Credit Note.

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

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Price and the rate that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the properties of any associated Business or agent where the Product are situated) without liability for trespass or any resulting damage and to acquire the Goods; 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 produced utilizing the Item are offered by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Product offered or used in the manufacture of the Product offered in a separate identifiable account as the advantageous property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not affected by the truth that the Product end up being fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller goes into those premises for the function of reclaiming ownership of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Wanneroo WA.

Our liability in regard of any problem in, or failure of the goods supplied, 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 approval of the items, and is just valid for problems or failure under proper usage and which emerge solely from defective style, products or craftsmanship.

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 supplied in clause 35, all reveal and indicated guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its employees, servants or agents to the Purchaser regarding the Product, their use and application, are specifically left out.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, suggestions, details or services provided by the Seller or the Seller's agents or staff members.

34. If the Item are malfunctioning, the Seller shall make great the defect by doing any one of the following at its option: (a) repairing the Product; 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 service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the cost of changing the Item or acquiring equivalent Goods; (d) the payment of the cost of having actually the Product fixed (Nutritionist in henley Brook Western Australia).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially 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, details of weights and dimensions included in our catalogues, catalog and other marketing matter, are planned simply to provide an indicator of the items explained therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up 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 defaced eliminated or gotten rid of from the products. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the products. Personal Trainer in Wangara WA.

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in writing 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 will be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Hillarys . Unless specified elsewhere it is the buyer's duty to get any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be eased of our liability or duty of efficiency of this agreement anywhere and to the level to which fulfilment of the same is avoided, frustrated or hindered as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, funding change declaration, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms make up a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have formerly been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.