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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 Buyer agrees that the problem of the Credit Note is an act of industrial excellent 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 considers the Quote contains a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Cost and the cost that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the list below rights in relation to the Item up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Purchaser's facilities (or the properties of any associated Business or representative where the Product are located) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured using the Goods are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Item offered or utilized in the manufacture of the Goods sold in a different identifiable account as the beneficial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Item is not impacted by the fact that the Item become components attached to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those premises for the function of recovering possession of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Ellenbrook Western Australia.

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the defect or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the goods, and is only valid for problems or failure under appropriate usage and which occur solely from faulty style, 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 buyer. 32. Other than as supplied in clause 35, all reveal and suggested guarantees, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) recommendations, recommendations, info or services provided by the Seller, its employees, servants or representatives to the Purchaser regarding the Item, their usage and application, are specifically left out.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring 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, suggestions, info or services provided by the Seller or the Seller's representatives or employees.

34. If the Product are faulty, the Seller will make excellent the problem by doing any among the following at its alternative: (a) repairing the Item; or (b) replacing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Item or acquiring equivalent Goods; (d) the payment of the expense of having actually the Goods repaired (Personal Training in Lansdale ).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, price lists and other advertising matter, are intended merely to give an indication of the goods described therein and none of these will form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that effect might be attached and it should not be ruined wiped out or eliminated from the items. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Nutritionist in Marangaroo .

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

Contracts and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or implied shall form part of this contract 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 provision 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 shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Aveley Western Australia. Unless specified in other places it is the buyer's obligation to acquire any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of performance of this agreement anywhere and to the level to which fulfilment of the exact same is avoided, disappointed or prevented as a consequence of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, financing modification declaration, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these terms make up a security agreement for the purposes of the PPSA and develops a security interest in all Goods that have actually previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Client.