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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller thinks about the Quote contains an error, such a miscalculation of the Purchase Cost, 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 shipment of the Product, the Purchaser will make the Item offered for collection by the Seller when required by the Seller.

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

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the facilities of any associated Company or agent where the Product are situated) without liability for trespass or any resulting damage and to take belongings of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured using the Product are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Product sold or used in the manufacture of the Item sold in a separate identifiable account as the advantageous property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Product become components connected to the premises of the Buyer or a third party, and if the Seller gets in 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 Darch Western Australia.

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the products, and is only valid for defects or failure under appropriate use and which develop exclusively from malfunctioning design, 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. Other than as supplied in stipulation 35, all express and implied warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) suggestions, suggestions, information or services provided by the Seller, its workers, servants or representatives to the Purchaser regarding the Goods, their usage and application, are expressly omitted.

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The Seller shall 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 including loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, suggestions, details or services supplied by the Seller or the Seller's representatives or employees.

34. If the Goods are defective, the Seller shall make good the defect by doing any one of the following at its alternative: (a) repairing the Product; or (b) changing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Item or acquiring comparable Goods; (d) the payment of the cost of having the Product repaired (Nutritionist in Mullaloo ).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided its (written) 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 contained in our brochures, price lists and other marketing matter, are meant simply to provide a sign 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 items, an imprint to that result may be affixed and it must not be ruined 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 goods. Gym in Brabham Western Australia.

If the Seller has actually followed a style or instructions provided by the Buyer, the Purchaser shall indemnify the Seller against all damages, charges, expenses and costs of the Seller developing from any infringement of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any design or instruction given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or efficiency 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 revealed or indicated 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 contract.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Ellenbrook Western Australia. Unless specified in other places it is the purchaser's responsibility to acquire any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of performance of this agreement any place and to the extent to which fulfilment of the exact same is prevented, disappointed or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding statement, funding modification declaration, security agreement, 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 Customer acknowledges and agrees that these terms and conditions make up a security contract for the purposes of the PPSA and creates a security interest in all Item that have previously been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Client.