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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of commercial excellent 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 considers the Quotation contains a mistake, 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 contract is cancelled after delivery of the Product, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Rate and the rate that would have been the Purchase Rate if the mistake had actually 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 fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's properties (or the properties of any associated Business or representative where the Goods lie) 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 Goods are re-sold, or products made using the Product are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the billing price of the Goods offered or utilized in the manufacture of the Product offered in a separate recognizable account as the beneficial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the fact that the Product end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those premises for the function of recovering belongings of the goods, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Ellenbrook Western Australia.

Our liability in regard of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the goods, and is only legitimate for problems or failure under appropriate usage and which occur entirely from faulty design, products or craftsmanship.

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 provided in clause 35, all reveal and suggested warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, suggestions, information or services supplied by the Seller, its staff members, servants or representatives to the Purchaser relating to the Goods, their use and application, are expressly excluded.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind arising 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 worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, information or services provided by the Seller or the Seller's representatives or employees.

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

35. If the Seller is responsible for a breach of a condition or service warranty indicated 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 Item or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Item or acquiring equivalent Product; (d) the payment of the expense of having actually the Goods repaired (Group Training in Aveley Western Australia).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, price lists and other advertising matter, are intended simply to give a sign of the items described therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the items, an imprint to that result might be affixed and it must not be ruined eliminated or eliminated from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the items. Nutritionist in Warwick WA.

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

Agreements and deliveries might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no duty will attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred 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 lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Wanneroo . Unless specified in other places it is the purchaser's responsibility to obtain any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be eased of our liability or duty of performance of this agreement anywhere and to the degree to which fulfilment of the exact same is avoided, disappointed or hindered as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing 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 Consumer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and develops a security interest in all Product that have formerly been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.