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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the concern of the Credit Note is an act of commercial excellent 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 Rate, the Seller might at any time, including after shipment of the Goods, cancel this contract without liability to the Buyer. If the agreement 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 miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Cost 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 until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Buyer's premises (or the facilities of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or items produced utilizing the Product are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Product sold or utilized in the manufacture of the Product sold in a different identifiable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Product is not affected by the fact that the Goods become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming possession of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in The Vines Western Australia.

Our liability in respect 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 great the problem or failure at our own expense. Our assurance duration is 12 months from the date of approval of the products, and is just valid for defects or failure under appropriate use and which arise entirely from malfunctioning style, materials or workmanship.

Without limiting the generality of the forgoing, we shall 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 indicated warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) advice, recommendations, info or services offered by the Seller, its staff members, servants or agents to the Buyer regarding the Goods, their use and application, are expressly left out.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, information or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is responsible for a breach of a condition or guarantee implied 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 Item or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the cost of replacing the Item or obtaining equivalent Goods; (d) the payment of the cost of having the Item fixed (Nutritionist in Carramar WA).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered 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 dimensions included in our brochures, rate lists and other advertising matter, are intended merely to provide an indicator of the goods described therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the items, an imprint to that impact might be affixed and it should not be ruined obliterated or removed from the goods. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the products. Personal Trainer in Pearsall WA.

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or suggested will form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in composing no arrangement 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 will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Pearsall . Unless specified somewhere else it is the purchaser's duty to acquire any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of performance of this contract anywhere and to the degree to which fulfilment of the same is avoided, frustrated or prevented as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing declaration, funding change declaration, security agreement, and security interest has actually 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 and conditions make up a security agreement for the functions of the PPSA and produces a security interest in all Product that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.