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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue 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 issue of the Credit Note.

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If the Seller considers the Quotation consists of a mistake, 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 agreement is cancelled after shipment of the Goods, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Cost and the rate that would have been the Purchase Price if the error had actually not been made.

The Seller reserves the list below rights in relation to the Product till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the premises of any associated Business or agent where the Goods are located) without liability for trespass or any resulting damage and to take belongings of 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 products manufactured utilizing the Product are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Product sold or used in the manufacture of the Item offered in a separate recognizable account as the beneficial home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not impacted by the fact that the Goods become components attached to the facilities of the Buyer or a 3rd party, and if the Seller gets in those properties 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 Lansdale .

Our liability in respect of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the problem or failure at our own cost. Our warranty duration is 12 months from the date of approval of the goods, and is just valid for defects or failure under correct use and which develop solely from faulty style, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in stipulation 35, all reveal and implied guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) suggestions, suggestions, information or services supplied by the Seller, its workers, servants or representatives to the Purchaser concerning the Goods, their use and application, are specifically omitted.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, info or services provided by the Seller or the Seller's representatives or employees.

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

35. If the Seller is accountable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the cost of changing the Goods or acquiring equivalent Goods; (d) the payment of the expense of having actually the Item fixed (Group Training in Singara WA).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially given 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, details of weights and measurements included in our brochures, catalog and other advertising matter, are planned merely to offer an indication of the goods described therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the goods, an imprint to that result may be affixed and it needs to not be defaced eliminated or removed from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the items. Nutritionist in Wangara Western Australia.

If the Seller has actually followed a style or instructions given by the Purchaser, the Purchaser will indemnify the Seller versus all damages, charges, costs and expenses of the Seller developing from any infringement of a patent, trademark, registered style, copyright or typical law right. The Purchaser on its part warrants that any style or direction offered by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or performance of any agreement, 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, service warranties and warranties whatsoever on our part whether revealed or suggested shall 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 agreed by us in composing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Gym in Ocean Reef Western Australia. Unless defined in other places it is the purchaser's obligation to get any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of efficiency of this agreement anywhere and to the degree to which fulfilment of the very same is prevented, frustrated or impeded as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding declaration, financing change declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Goods that have formerly been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.