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25. If the Seller issues a Credit Note to the Purchaser (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 good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the concern of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has actually been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference in between the Purchase Rate and the price that would have been the Purchase Price if the error had actually not been made.

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

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If the Product are re-sold, or products produced utilizing the Goods 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 Product offered or used in the manufacture of the Product offered in a different recognizable account as the beneficial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Goods become components connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming ownership of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Pearsall WA.

Our liability in regard of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the defect or failure at our own expense. Our assurance period is 12 months from the date of approval of the goods, and is only legitimate for defects or failure under appropriate use and which arise solely from faulty design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in provision 35, all reveal and indicated service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) design, assembly, installation, products or workmanship; or (c) suggestions, suggestions, details or services provided by the Seller, its employees, servants or representatives to the Buyer regarding the Item, their use and application, are expressly left out.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item including loss or damage arising as an outcome 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 Goods; or (c) the recommendations, recommendations, info or services supplied by the Seller or the Seller's agents or staff members.

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

35. If the Seller is responsible for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Goods or obtaining comparable Goods; (d) the payment of the expense of having actually the Product fixed (Nutritionist in Edgewater WA).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, catalog and other advertising matter, are meant merely 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 styles or copyright features are embodied in the style of the products, an imprint to that result might be affixed and it needs to not be defaced eliminated or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Personal Trainer in Warwick .

If the Seller has followed a style or guidelines given by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller occurring from any violation of a patent, hallmark, registered style, copyright or common law right. The Buyer on its part warrants that any design or direction given by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or typical law right.

Contracts and deliveries may be suspended in case 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 cause beyond our control preventing or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred 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 proper jurisdiction in Australia. 43 - Personal Trainer in henley Brook . Unless defined elsewhere it is the buyer's responsibility to obtain any authorizations 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 responsibility of efficiency of this contract any place and to the degree to which fulfilment of the same is avoided, frustrated or prevented as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

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