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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of business good 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 considers the Quotation includes an error, such a mistake of the Purchase Price, the Seller may at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference between the Purchase Cost and the rate that would have been the Purchase Rate if the mistake had actually 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 totally paid: (a) legal ownership of the Item; (b) to get in the Purchaser's premises (or the properties of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take belongings of the Item; 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 produced utilizing the Product are offered by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice price of the Item sold or used in the manufacture of the Product sold in a separate recognizable account as the useful home of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Product is not impacted by the truth that the Item become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those properties for the function of recovering belongings of the products, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Gnangara Western Australia.

Our liability in respect of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the defect or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the goods, and is only valid for flaws or failure under proper use and which develop entirely from faulty style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in stipulation 35, all express and indicated warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, details or services provided by the Seller, its employees, servants or representatives to the Buyer relating to the Item, their use and application, are specifically excluded.

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The Seller shall not be accountable 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 including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, info or services provided by the Seller or the Seller's agents or employees.

34. If the Goods are malfunctioning, the Seller shall make good the flaw by doing any among the following at its option: (a) repairing the Goods; or (b) changing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Cost 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 (other than Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the expense of changing the Goods or obtaining comparable Goods; (d) the payment of the cost of having the Goods repaired (Personal Training in Brabham ).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered 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 dimensions included in our catalogues, catalog and other advertising matter, are intended merely to provide a sign of the goods 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 designs or copyright functions are embodied in the style of the goods, an imprint to that result might be attached and it must not be ruined obliterated or eliminated from the items. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the items. Group Training in Sorrento .

If the Seller has actually followed a style or directions provided by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, charges, costs and expenses of the Seller developing from any violation of a patent, trademark, registered design, 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.

Agreements and shipments may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Gnangara . Unless defined in other places it is the purchaser's duty to get any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or obligation of performance of this contract anywhere and to the level to which fulfilment of the same is prevented, annoyed or impeded as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing declaration, financing modification statement, security agreement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these conditions make up a security agreement for the purposes of the PPSA and creates a security interest in all Product that have actually previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.