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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the problem 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 might at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Price and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's premises (or the properties of any associated Company or agent where the Goods are located) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or products made using the Item are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice cost of the Item offered or used in the manufacture of the Item sold in a separate identifiable account as the helpful property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not impacted by the reality that the Product become fixtures connected to the facilities of the Purchaser or a third celebration, and if the Seller goes into those facilities for the function of recovering ownership of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Darch Western Australia.

Our liability in respect of any flaw 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 defect or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is only valid for flaws or failure under proper usage and which emerge exclusively from faulty design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in provision 35, all reveal and suggested warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, details or services provided by the Seller, its staff members, servants or agents to the Buyer concerning the Product, their use and application, are expressly left out.

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The Seller will not be accountable to the Purchaser 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 consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the advice, recommendations, information or services offered by the Seller or the Seller's agents or staff members.

34. If the Product are defective, the Seller will make great the defect by doing any one of the following at its choice: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Division 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 Product or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the cost of changing the Product or obtaining comparable Goods; (d) the payment of the cost of having the Product fixed (Nutritionist in Wangara Western Australia).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered 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 measurements included in our brochures, price lists and other advertising matter, are intended simply to offer an indication of the items described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the products, an imprint to that effect might be attached and it should not be ruined obliterated or removed from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the products. Group Training in Ocean Reef Western Australia.

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

Contracts and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no responsibility will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or implied will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no provision for liquidated damages shall 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 suitable jurisdiction in Australia. 43 - Personal Trainer in Greenwood WA. Unless specified somewhere else it is the buyer's obligation to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or obligation of performance of this contract anywhere and to the degree to which fulfilment of the same is prevented, disappointed or prevented as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing declaration, funding change declaration, security arrangement, and security interest has the significance given 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 arrangement for the purposes of the PPSA and creates a security interest in all Goods that have actually previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Client.