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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser 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 relating to the problem of the Credit Note.

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If the Seller considers the Quote includes an error, such a mistake of the Purchase Cost, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Item offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Rate and the cost 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 until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Buyer's facilities (or the properties of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to take belongings of the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Item are offered by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice rate of the Goods sold or used in the manufacture of the Goods offered in a separate recognizable account as the beneficial home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's property in the Item is not affected by the reality that the Item end up being fixtures connected to the premises of the Buyer or a third celebration, and if the Seller gets in those facilities for the function of recovering ownership of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Ellenbrook .

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the problem or failure at our own expense. Our assurance period is 12 months from the date of approval of the products, and is just valid for defects or failure under correct usage and which emerge entirely from malfunctioning design, materials or craftsmanship.

Without restricting 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 offered in stipulation 35, all express and implied warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) recommendations, suggestions, information or services supplied by the Seller, its employees, servants or agents to the Buyer concerning the Product, their usage and application, are expressly excluded.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item including loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the guidance, suggestions, info or services offered by the Seller or the Seller's representatives or workers.

34. If the Item are malfunctioning, the Seller shall make good the defect by doing any one of the following at its choice: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer 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 Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or obtaining comparable Product; (d) the payment of the cost of having the Goods repaired (Personal Trainer in Pearsall ).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, rate lists and other advertising matter, are intended merely to provide an indicator of the items described therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up designs 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 eliminated or eliminated from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the items. Personal Trainer in Woodvale Western Australia.

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

Contracts and shipments might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or suggested will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in composing no provision 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 shall be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Carramar . Unless defined elsewhere it is the purchaser's obligation to obtain any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We will be eliminated of our liability or duty of efficiency of this contract any place and to the extent to which fulfilment of the exact same is avoided, annoyed or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, financing change declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these conditions constitute a security arrangement for the functions of the PPSA and creates a security interest in all Product that have formerly been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.