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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of industrial 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 thinks about the Quote includes an error, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has actually been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Rate and the cost that would have been the Purchase Price if the error had not been made.

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

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If the Product are re-sold, or products produced using the Goods are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice rate of the Item sold or used in the manufacture of the Product offered in a separate identifiable 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 Item is not affected by the reality that the Product become fixtures attached to the premises of the Buyer or a 3rd party, and if the Seller goes into those facilities for the function of recovering possession of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in The Vines WA.

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the items, and is just valid for flaws or failure under appropriate usage and which develop exclusively from malfunctioning style, products 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 provided in clause 35, all express and indicated guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, recommendations, info or services provided by the Seller, its employees, servants or agents to the Purchaser relating to the Product, their use and application, are specifically omitted.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, details or services offered by the Seller or the Seller's representatives or workers.

34. If the Item are malfunctioning, the Seller shall make excellent the problem by doing any among the following at its choice: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has actually 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 restricted to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Product or getting equivalent Item; (d) the payment of the expense of having actually the Product fixed (Nutritionist in Sorrento ).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, price lists and other marketing matter, are intended simply to provide an indication of the goods explained therein and none of these shall form part of the contract unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that effect may be attached and it should not be defaced obliterated or removed from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in Ellenbrook .

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

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or implied will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in composing no provision for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Wanneroo . Unless specified elsewhere it is the purchaser's obligation to acquire any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or responsibility of performance of this contract wherever and to the extent to which fulfilment of the same is prevented, disappointed or impeded as an effect of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, financing change statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and develops a security interest in all Goods that have formerly been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.