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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller considers the Quote includes an error, such a mistake of the Purchase Cost, the Seller might at any time, including after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Rate and the cost that would have been the Purchase Price if the mistake had actually not been made.

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

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If the Product are re-sold, or items manufactured using the Product are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the billing cost of the Product offered or utilized in the manufacture of the Item sold in a separate recognizable account as the advantageous property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the truth that the Goods become components attached to the facilities of the Buyer or a 3rd party, and if the Seller goes into those properties for the function of reclaiming belongings of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Pearsall WA.

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the flaw or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the products, and is only valid for flaws or failure under correct use and which arise exclusively from malfunctioning style, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in provision 35, all express and implied guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its workers, servants or representatives to the Purchaser regarding the Item, their use and application, are expressly excluded.

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The Seller shall not be liable to the Buyer for physical or financial 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 employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller will make great the flaw by doing any one of the following at its choice: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has 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 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Item or getting comparable Product; (d) the payment of the cost of having the Goods fixed (Personal Trainer in Warwick ).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, rate lists and other marketing matter, are planned merely to give an indication of the goods explained therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the goods, an imprint to that result may be attached and it needs to not be defaced eliminated or gotten rid of from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Nutritionist in Pearsall .

If the Seller has actually followed a style or guidelines provided by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, expenses and costs of the Seller developing from any violation of a patent, trademark, registered design, copyright or typical law right. The Buyer on its part warrants that any design or direction given by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no duty shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or suggested shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing no arrangement 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 shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Wanneroo . Unless defined somewhere else it is the purchaser's duty to acquire any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer'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 very same is avoided, frustrated or prevented as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, financing modification statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and creates a security interest in all Item that have actually formerly been provided which will be provided in the future by FLEX FITNESS Devices to the Customer.