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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs 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 Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote contains an error, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

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

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Purchaser's facilities (or the facilities of any associated Business or representative where the Product lie) 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 products manufactured utilizing the Item are offered by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the billing price of the Goods sold or used in the manufacture of the Item offered in a different recognizable account as the useful residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not affected by the reality that the Goods become fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the function of recovering ownership of the goods, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Sorrento .

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the items, and is only legitimate for flaws or failure under appropriate use and which occur exclusively from malfunctioning design, materials or craftsmanship.

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 provision 35, all reveal and implied guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) suggestions, suggestions, details or services provided by the Seller, its staff members, servants or agents to the Buyer relating to the Goods, their use and application, are specifically omitted.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item including loss or damage arising 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 guidance, suggestions, info or services offered by the Seller or the Seller's representatives or workers.

34. If the Product are malfunctioning, the Seller will make great the flaw by doing any one of the following at its option: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Product or obtaining comparable Product; (d) the payment of the expense of having the Goods repaired (Personal Trainer in Marangaroo ).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first 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 contained in our brochures, catalog and other advertising matter, are planned simply to offer a sign of the items explained therein and none of these will form part of the agreement unless specifically concurred in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the items, an imprint to that effect might be affixed and it needs to not be ruined obliterated or eliminated from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the products. Gym in henley Brook .

If the Seller has actually followed a style or guidelines given by the Buyer, the Buyer shall 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 common law right. The Purchaser on its part warrants that any design or guideline offered by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, 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 duty shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Edgewater WA. Unless defined elsewhere it is the purchaser's responsibility to obtain any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We will be relieved 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, frustrated or impeded as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, funding change statement, security agreement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and produces a security interest in all Goods that have actually formerly been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.