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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem 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 relating to the concern of the Credit Note.

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

If the Seller considers that the Purchase Rate has actually been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the distinction in between the Purchase Cost and the price that would have been the Purchase Rate if the mistake had not been made.

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

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

30. The Seller's property in the Goods is not affected by the fact that the Product become components connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the function of reclaiming belongings of the products, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Warwick Western Australia.

Our liability in respect of any defect 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 problem or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the products, and is just valid for flaws or failure under proper usage and which occur entirely from faulty design, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in clause 35, all express and implied guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) guidance, recommendations, details or services provided by the Seller, its staff members, servants or agents to the Buyer relating to the Product, their use and application, are expressly excluded.

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The Seller shall not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the advice, recommendations, details or services provided by the Seller or the Seller's agents or employees.

34. If the Goods are defective, the Seller shall make great the problem by doing any among the following at its alternative: (a) fixing the Product; or (b) replacing 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 accountable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the expense of changing the Product or acquiring equivalent Goods; (d) the payment of the expense of having actually the Product fixed (Personal Trainer in Marangaroo WA).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, cost lists and other advertising matter, are planned merely to provide a sign of the items explained therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that effect may be affixed and it needs to not be defaced eliminated or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Nutritionist in Ocean Reef Western Australia.

If the Seller has followed a style or directions offered by the Purchaser, the Purchaser will indemnify the Seller against all damages, penalties, costs and expenditures of the Seller emerging from any infringement of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or efficiency of any agreement, and no obligation shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or implied will form part of this agreement 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 provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Lansdale WA. Unless specified somewhere else it is the buyer's duty to obtain any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We will be alleviated of our liability or responsibility of performance of this agreement anywhere and to the degree to which fulfilment of the very same is avoided, frustrated or hindered as an effect of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding declaration, financing modification declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these terms make up a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have actually formerly been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.