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25. If the Seller issues a Credit Note to the Buyer (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 commercial 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 consists of a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

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

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

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If the Goods are re-sold, or items produced using the Item are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice cost of the Product offered or utilized in the manufacture of the Product offered in a different identifiable account as the helpful property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Goods end up being fixtures attached to the facilities of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming ownership of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Greenwood Western Australia.

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the goods, and is just legitimate for flaws or failure under proper usage and which arise exclusively from malfunctioning 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 buyer. 32. Other than as provided in provision 35, all reveal and implied service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) advice, suggestions, details or services provided by the Seller, its staff members, servants or representatives to the Purchaser concerning the Product, their usage and application, are expressly left out.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Goods including loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the recommendations, suggestions, info or services supplied by the Seller or the Seller's representatives or workers.

34. If the Item are defective, the Seller shall make great the flaw by doing any one of the following at its choice: (a) repairing the Product; 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 accountable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the expense of changing the Product or getting comparable Product; (d) the payment of the cost of having the Item fixed (Personal Training in Ellenbrook Western Australia).

36. The Purchaser must not return any Item which the Purchaser 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 consisted of in our catalogues, catalog and other marketing matter, are meant simply to give an indication of the items described therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that effect may be affixed and it should not be ruined wiped out or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Nutritionist in Pearsall .

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

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event 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 hold-up due to any of the giving up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Tapping WA. Unless specified elsewhere it is the buyer's responsibility to get any authorizations and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or responsibility of performance of this contract any place and to the degree to which fulfilment of the same is avoided, disappointed or impeded as a repercussion of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding declaration, funding modification declaration, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms make up a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have actually formerly been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.