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25. If the Seller concerns a Credit Note to the Purchaser (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 industrial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller considers the Quote includes an error, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after shipment of the Item, cancel this contract without liability to the Buyer. 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 considers that the Purchase Price has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate that would have been the Purchase Price if the error had not been made.

The Seller reserves the list below rights in relation to the Product up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Buyer's properties (or the properties of any associated Company or agent where the Product are situated) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products made using the Goods are sold by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the billing rate of the Goods offered or used in the manufacture of the Goods sold in a different identifiable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Goods become fixtures connected to the facilities of the Purchaser or a third party, and if the Seller gets in those facilities for the purpose of reclaiming possession of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Ocean Reef Western Australia.

Our liability in respect of any flaw in, or failure of the items 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 acceptance of the goods, and is just valid for defects or failure under proper use and which develop entirely from faulty design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in provision 35, all reveal and indicated guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, recommendations, info or services provided by the Seller, its staff members, servants or representatives to the Buyer regarding the Goods, their usage and application, are expressly left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, details or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is responsible for a breach of a condition or warranty suggested 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 comparable Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Goods or getting comparable Item; (d) the payment of the cost of having the Product fixed (Nutritionist in Mullaloo ).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first given 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 measurements included in our catalogues, cost lists and other marketing matter, are planned merely to give an indication of the products described therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that effect may be affixed and it must not be ruined obliterated or removed from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Training in Joondalup .

If the Seller has followed a design or guidelines given by the Buyer, the Buyer shall indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller occurring from any infringement of a patent, trademark, registered style, copyright or common 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, registered style, hallmark, copyright or common law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or indicated will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in The Vines WA. Unless specified in other places it is the buyer's duty to acquire any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or duty of performance of this agreement anywhere and to the extent to which fulfilment of the same is prevented, frustrated or hindered as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

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