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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer 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 Quotation consists of a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and chooses not the cancel the agreement, the Purchaser 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 error had not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Purchaser's properties (or the properties 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 Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Product are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice price of the Item offered or used in the manufacture of the Goods sold in a different identifiable account as the beneficial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Item is not impacted by the reality that the Product become fixtures connected to the premises of the Buyer or a 3rd celebration, and if the Seller goes into those premises for the function of reclaiming possession of the products, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Tapping WA.

Our liability in regard of any problem 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 expense. Our assurance period is 12 months from the date of acceptance of the goods, and is only legitimate for flaws or failure under appropriate use and which occur solely from malfunctioning design, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in stipulation 35, all express and suggested service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, installation, materials or workmanship; or (c) advice, recommendations, details or services offered by the Seller, its employees, servants or agents to the Purchaser regarding the Product, their usage and application, are expressly excluded.

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The Seller will not be liable to the Buyer 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 arising 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 suggestions, suggestions, information or services supplied by the Seller or the Seller's agents or workers.

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

35. If the Seller is accountable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair of the Item; (c) the payment of the cost of replacing the Item or acquiring comparable Item; (d) the payment of the expense of having the Goods fixed (Group Training in Tapping Western Australia).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, cost lists and other marketing matter, are intended merely to give an indicator of the items described therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered designs 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 wiped out or eliminated from the products. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Nutritionist in Pearsall WA.

If the Seller has followed a design or guidelines provided by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenses of the Seller developing from any violation of a patent, hallmark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or direction provided 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 case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or indicated shall form part of this contract unless expressly set forth 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 agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Edgewater WA. Unless defined somewhere else it is the purchaser's responsibility to acquire any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or duty of performance of this contract any place and to the extent to which fulfilment of the very same is avoided, disappointed or prevented as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing declaration, funding change statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms and conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Goods that have actually previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.