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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 Buyer agrees that the issue of the Credit Note is an act of business excellent 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 includes an error, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Price and the price that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Buyer's premises (or the properties of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to seize the Product; 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 made utilizing the Goods are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the billing price of the Goods offered or used in the manufacture of the Item offered in a different identifiable account as the useful property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the reality that the Product end up being components connected to the properties of the Purchaser or a 3rd party, and if the Seller goes into those premises for the purpose of recovering ownership of the goods, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Aveley WA.

Our liability in regard of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the items, and is only valid for defects or failure under appropriate use and which develop solely from malfunctioning design, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in provision 35, all reveal and indicated guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, information or services provided by the Seller, its staff members, servants or representatives to the Purchaser relating to the Product, their use and application, are specifically omitted.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, information or services provided by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller will make great the problem by doing any one of the following at its alternative: (a) fixing the Product; or (b) changing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Goods, 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 expense of having the Item repaired (Personal Trainer in The Vines ).

36. The Buyer must not return any Goods 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 must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, catalog and other marketing matter, are intended simply to offer an indicator of the products explained therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the goods, an imprint to that impact might be attached and it must not be ruined obliterated or removed from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Trainer in Mullaloo WA.

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

Agreements and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or indicated shall 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 specifically 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 litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Pearsall WA. Unless specified in other places it is the buyer's obligation to obtain any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of performance of this agreement anywhere and to the level to which fulfilment of the same is prevented, annoyed or prevented as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

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