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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 agrees that the concern 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 referring to the concern of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Product offered 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 agreement, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Rate and the cost that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Purchaser's facilities (or the facilities of any associated Company or agent where the Goods 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 Item are re-sold, or items produced using the Goods are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice rate of the Goods offered or used in the manufacture of the Goods sold in a separate recognizable account as the beneficial home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Product become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those properties for the purpose of recovering belongings of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Ocean Reef .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw 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 correct usage and which occur solely from malfunctioning design, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in provision 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 function; or (b) style, assembly, setup, materials or craftsmanship; or (c) suggestions, recommendations, info or services provided by the Seller, its employees, servants or agents to the Buyer concerning the Product, their usage and application, are specifically excluded.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product including loss or damage occurring 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 Product; or (c) the advice, recommendations, information or services provided by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller will make good the flaw by doing any one of the following at its choice: (a) repairing the Goods; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Product or getting comparable Goods; (d) the payment of the expense of having actually the Item repaired (Group Training in Singara Western Australia).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first provided 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 catalogues, rate lists and other advertising matter, are planned merely to provide an indication of the goods described therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that impact might be attached and it should not be ruined obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the products. Personal Trainer in Lansdale Western Australia.

If the Seller has followed a design or guidelines offered by the Purchaser, the Buyer shall indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller emerging from any infringement of a patent, hallmark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or guideline offered by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or typical law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or efficiency of any agreement, 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, warranties and warranties 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 agreed by us in composing and unless specifically concurred by us in writing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Greenwood . Unless defined elsewhere it is the buyer's responsibility to obtain any permits and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of performance of this contract any place and to the degree to which fulfilment of the same is avoided, annoyed or hindered as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding declaration, financing modification statement, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these terms constitute a security arrangement for the functions of the PPSA and develops a security interest in all Item that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.