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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs that the concern of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the issue of the Credit Note.

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

If the Seller thinks about that the Purchase Cost has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Rate and the rate that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's properties (or the facilities of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take possession of the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced using the Product are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing rate of the Product offered or used in the manufacture of the Item offered in a different identifiable account as the advantageous property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not affected by the fact that the Product end up being fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those properties for the purpose of reclaiming belongings of the products, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Marangaroo WA.

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the products, and is only legitimate for flaws or failure under proper use and which develop exclusively from defective style, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in stipulation 35, all express and suggested guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, details or services provided by the Seller, its staff members, servants or agents to the Purchaser concerning the Goods, their use and application, are expressly omitted.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the advice, recommendations, details or services supplied by the Seller or the Seller's representatives or workers.

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

35. If the Seller is liable 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 hereby limited to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Item or obtaining comparable Product; (d) the payment of the expense of having the Goods fixed (Group Training in Pearsall Western Australia).

36. The Buyer needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) approval to their return. Their return should 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 intended simply to provide an indication of the goods explained therein and none of these will form part of the agreement unless specifically agreed 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 might be affixed and it needs to not be defaced eliminated or eliminated from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Nutritionist in Singara .

If the Seller has actually followed a style or instructions offered by the Buyer, the Purchaser will indemnify the Seller against all damages, penalties, expenses and costs of the Seller developing from any violation of a patent, hallmark, signed up design, copyright or typical law right. The Buyer 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 typical law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or indicated will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Gym in Joondalup Western Australia. Unless specified somewhere else it is the buyer's responsibility to obtain any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of performance of this agreement any place and to the degree to which fulfilment of the same is avoided, frustrated or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding declaration, financing change statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these conditions make up a security arrangement for the functions of the PPSA and develops a security interest in all Goods that have previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.