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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 Purchaser agrees 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 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, consisting of after shipment of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Price and the price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Buyer's properties (or the properties of any associated Company or representative where the Product 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 Goods are re-sold, or products manufactured using the Goods are offered by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice cost of the Goods sold or used in the manufacture of the Item offered in a separate identifiable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Item is not impacted by the fact that the Product become fixtures attached to the facilities of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of reclaiming belongings of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Wangara WA.

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the goods, and is just legitimate for problems or failure under correct usage and which occur solely from malfunctioning design, products 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. Other than as offered in provision 35, all express and implied service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) design, assembly, setup, products or workmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its employees, servants or agents to the Buyer concerning the Item, their usage and application, are expressly left out.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, recommendations, information or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the cost of changing the Product or getting equivalent Product; (d) the payment of the expense of having the Product fixed (Gym in Aveley ).

36. The Buyer must not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, catalog and other marketing matter, are intended merely to offer an indication of the items explained therein and none of these shall form part of the agreement 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 goods, an imprint to that result may be attached and it should not be ruined eliminated or gotten rid of from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Darch .

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

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or suggested shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Joondalup . Unless specified somewhere else it is the buyer's responsibility to acquire any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or duty of performance of this agreement anywhere and to the extent to which fulfilment of the exact same is prevented, frustrated or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

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