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

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If the Seller thinks about the Quote contains an error, such a mistake of the Purchase Price, the Seller might at any time, consisting of after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Price and the price that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the premises of any associated Business or representative where the Goods lie) 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 items made using the Goods are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice price of the Item offered or used in the manufacture of the Item offered in a separate identifiable account as the advantageous property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Product become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of recovering possession of the goods, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Mullaloo WA.

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the flaw or failure at our own expense. Our assurance period is 12 months from the date of approval of the items, and is only valid for flaws or failure under correct usage and which develop solely from defective style, materials or workmanship.

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 stipulation 35, all reveal and indicated service warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) advice, recommendations, information or services offered by the Seller, its employees, servants or agents to the Buyer concerning the Item, their use and application, are expressly excluded.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, recommendations, information or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are malfunctioning, the Seller will make great the flaw by doing any among the following at its alternative: (a) repairing the Product; or (b) changing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Product or obtaining equivalent Product; (d) the payment of the cost of having actually the Item fixed (Personal Trainer in Tapping WA).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our catalogues, catalog and other advertising matter, are planned simply to give a sign of the items explained therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the items, an imprint to that result may be attached and it must not be defaced wiped out or removed from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in Padbury WA.

If the Seller has actually followed a style or guidelines offered by the Purchaser, the Purchaser shall indemnify the Seller against all damages, charges, expenses and costs of the Seller developing from any infringement of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or instruction provided by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no responsibility will attach 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 warranties whatsoever on our part whether expressed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in writing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in henley Brook Western Australia. Unless defined elsewhere it is the purchaser's duty to obtain any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of efficiency of this contract any place and to the extent to which fulfilment of the same is prevented, frustrated or prevented as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing modification declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms and conditions constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.