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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller thinks about the Quotation contains a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

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

The Seller reserves the following rights in relation to the Item until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Buyer's facilities (or the facilities of any associated Business or representative where the Goods are located) 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 Item are re-sold, or products manufactured utilizing the Item are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing cost of the Goods sold or utilized in the manufacture of the Product sold in a different identifiable account as the beneficial residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not affected by the fact that the Goods become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the function of recovering ownership of the items, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Ellenbrook .

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the goods, and is only legitimate for problems or failure under proper use and which arise exclusively from malfunctioning style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in provision 35, all reveal and suggested service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, installation, products or workmanship; or (c) advice, suggestions, information or services provided by the Seller, its employees, servants or agents to the Purchaser concerning the Goods, their usage and application, are specifically omitted.

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The Seller shall not be accountable to the Buyer 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 consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, information or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is liable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or getting comparable Product; (d) the payment of the cost of having the Product fixed (Nutritionist in Joondalup WA).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, catalog and other marketing matter, are intended merely to give a sign of the products described therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that impact might be affixed and it should not be defaced wiped out or removed from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the items. Personal Training in Wanneroo .

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

Contracts and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, 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, service warranties and guarantees whatsoever on our part whether revealed or indicated will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in writing 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 shall be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Gnangara WA. Unless defined elsewhere it is the buyer's responsibility to get any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or responsibility of efficiency of this agreement anywhere and to the extent to which fulfilment of the same is prevented, annoyed or hindered as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding statement, funding change declaration, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Item that have actually previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Client.