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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of business good 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 thinks about the Quotation contains a mistake, such a miscalculation of the Purchase Cost, the Seller may 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 readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Cost and the cost that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Buyer's facilities (or the properties of any associated Business or representative where the Goods are situated) without liability for trespass or any resulting damage and to seize the Item; 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 utilizing the Goods are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice cost of the Item offered or utilized in the manufacture of the Item sold in a different identifiable account as the advantageous residential or commercial 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 reality that the Product become components connected to the facilities of the Buyer or a 3rd celebration, and if the Seller enters those facilities for the function of reclaiming belongings of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Warwick WA.

Our liability in respect of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem 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 acceptance of the items, and is only legitimate for defects or failure under appropriate usage and which develop exclusively from defective design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in stipulation 35, all express and indicated guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, recommendations, info or services supplied by the Seller, its staff members, servants or agents to the Buyer regarding the Goods, their use and application, are specifically left out.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, suggestions, information or services provided by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller will make great the problem by doing any one of the following at its alternative: (a) repairing the Product; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the expense of changing the Product or obtaining equivalent Goods; (d) the payment of the cost of having actually the Item fixed (Personal Trainer in Lansdale WA).

36. The Purchaser must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually 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 included in our brochures, price lists and other advertising matter, are intended merely to give a sign of the products explained therein and none of these shall form part of the contract unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the items, an imprint to that impact might be affixed and it needs to not be ruined wiped out or removed from the goods. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in Greenwood Western Australia.

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

Agreements and shipments might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees 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 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 generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Ellenbrook WA. Unless specified elsewhere it is the purchaser's obligation to acquire any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or obligation of efficiency of this agreement any place and to the degree to which fulfilment of the exact same is avoided, frustrated or impeded as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

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