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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Purchaser will make the Goods readily 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 agreement, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Rate and the cost that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Buyer's premises (or the facilities of any associated Company or agent where the Product are situated) 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 items made utilizing the Item are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the billing cost of the Goods offered or used in the manufacture of the Item offered in a separate identifiable account as the advantageous property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not affected by the truth that the Goods become components connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of reclaiming ownership of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Marangaroo WA.

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of approval of the goods, and is only legitimate for defects or failure under appropriate use and which emerge exclusively from defective design, materials 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 offered in clause 35, all express and implied guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) recommendations, suggestions, details or services offered by the Seller, its workers, servants or representatives to the Purchaser regarding the Goods, their use and application, are expressly excluded.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising 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 worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, recommendations, details or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are faulty, the Seller will make excellent the problem by doing any one of the following at its choice: (a) repairing the Product; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Division 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 Item or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the cost of changing the Item or obtaining equivalent Item; (d) the payment of the expense of having the Product fixed (Personal Training in Wangara ).

36. The Buyer must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, rate lists and other marketing matter, are meant merely to offer an indication of the products explained therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that effect might be affixed and it should not be defaced wiped out or removed from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Gym in Carramar .

If the Seller has followed a design or instructions provided by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller arising from any violation of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or guideline given by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and shipments 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 incident or cause beyond our control avoiding or delaying the execution or performance of any contract, and no obligation will attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or indicated shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in writing no provision 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 appropriate jurisdiction in Australia. 43 - Nutritionist in Brabham . Unless specified elsewhere it is the buyer's obligation to obtain any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of performance of this agreement any place and to the level to which fulfilment of the same is avoided, frustrated or impeded as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding statement, funding change statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms make up a security agreement for the functions of the PPSA and develops a security interest in all Product that have formerly been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.