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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern 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 considers the Quotation contains a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser 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 chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Cost and the rate that would have been the Purchase Price if the mistake 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 completely paid: (a) legal ownership of the Item; (b) to enter the Buyer's premises (or the properties of any associated Business or agent where the Item lie) 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 Item are re-sold, or items produced using the Item are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice rate of the Product sold or utilized in the manufacture of the Item sold in a different recognizable account as the useful home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's home in the Product is not affected by the reality that the Product become components attached to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the purpose of reclaiming 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 Greenwood .

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the products, and is only valid for defects or failure under proper usage and which occur exclusively from malfunctioning design, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as provided in stipulation 35, all reveal and suggested service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, setup, products or workmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its employees, servants or agents to the Purchaser relating to the Item, their usage and application, are specifically omitted.

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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 arising out of or in relation to the Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, info or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Item are defective, the Seller shall make good the problem by doing any one of the following at its option: (a) fixing the Product; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the expense of changing the Product or acquiring comparable Item; (d) the payment of the expense of having the Item repaired (Personal Trainer in Darch ).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (written) 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 contained in our brochures, catalog and other advertising matter, are meant simply to offer a sign of the products explained therein and none of these shall form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the products, an imprint to that impact may be attached and it should not be ruined eliminated or gotten rid of from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Personal Trainer in henley Brook .

If the Seller has followed a design or guidelines given by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, costs and expenses of the Seller developing from any infringement of a patent, hallmark, registered style, copyright or typical law right. The Buyer on its part warrants that any style or guideline given by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Wanneroo WA. Unless specified in other places it is the buyer's duty to obtain any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of performance of this agreement anywhere and to the degree to which fulfilment of the same is prevented, disappointed or impeded as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, financing modification declaration, security contract, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions make up a security arrangement for the functions of the PPSA and develops a security interest in all Product that have previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.