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25. If the Seller problems a Credit Note to the Purchaser (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 industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller considers the Quote consists of an error, such a miscalculation of the Purchase Rate, the Seller may at any time, including after shipment of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Purchaser will make the Item offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been overlooked 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 mistake had actually not been made.

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's properties (or the properties of any associated Business or agent 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 Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced utilizing the Product are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing rate of the Product offered or used in the manufacture of the Goods sold in a separate identifiable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not impacted by the truth that the Item end up being fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the function of recovering possession of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in henley Brook WA.

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the defect or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the products, and is only legitimate for problems or failure under correct use and which arise solely from faulty design, materials 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. Except as provided in clause 35, all reveal and implied guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, installation, products or workmanship; or (c) advice, suggestions, info or services provided by the Seller, its staff members, servants or agents to the Buyer regarding the Goods, their usage and application, are expressly omitted.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, suggestions, info or services provided by the Seller or the Seller's agents or workers.

34. If the Product are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its alternative: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has actually 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 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Item or obtaining comparable Item; (d) the payment of the expense of having actually the Product repaired (Gym in Lansdale Western Australia).

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first provided 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 dimensions contained in our catalogues, cost lists and other advertising matter, are meant merely to provide an indicator of the items described therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that result may be attached and it must not be defaced wiped out or eliminated from the goods. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Personal Trainer in Tapping WA.

If the Seller has actually followed a style or directions provided by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, costs and expenses of the Seller occurring from any infringement of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or instruction offered by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Contracts and shipments might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or efficiency of any contract, 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 assurances whatsoever on our part whether expressed or indicated shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in composing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Tapping WA. Unless defined elsewhere it is the purchaser's obligation to get any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or duty of efficiency of this contract any place and to the degree to which fulfilment of the very same is prevented, frustrated or hindered as a repercussion 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, funding modification declaration, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these terms and conditions make up a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.