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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser 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 contains an error, such a mistake of the Purchase Rate, the Seller may at any time, including after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference between the Purchase Rate and the rate that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's properties (or the facilities of any associated Business or representative where the Goods are located) without liability for trespass or any resulting damage and to take belongings of the Item; 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 manufactured using the Goods are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice cost of the Goods offered or used in the manufacture of the Item sold in a separate recognizable account as the helpful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the reality that the Item end up being fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming possession of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Joondalup Western Australia.

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the defect or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the goods, and is just valid for flaws or failure under proper usage and which develop solely from malfunctioning style, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in clause 35, all express and implied service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) guidance, suggestions, info or services provided by the Seller, its workers, servants or representatives to the Buyer regarding the Item, their usage and application, are expressly omitted.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, info or services provided by the Seller or the Seller's representatives or staff members.

34. If the Item are defective, the Seller shall make excellent the flaw by doing any among the following at its option: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Product or obtaining comparable Product; (d) the payment of the cost of having the Goods fixed (Personal Trainer in Gnangara Western Australia).

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (composed) 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 merely to offer an indication of the products described therein and none of these shall form part of the contract unless specifically concurred 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 attached and it should not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the items. Nutritionist in Singara WA.

If the Seller has followed a design or directions given by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenditures of the Seller occurring from any infringement of a patent, hallmark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties 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 concurred by us in writing and unless expressly concurred by us in composing no provision 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 brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Hillarys . Unless specified somewhere else it is the buyer's obligation to acquire any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this contract any place and to the extent to which fulfilment of the very same is avoided, frustrated or impeded as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

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