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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of business good 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 Quote consists of an error, such a mistake of the Purchase Price, the Seller might at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the cost that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Purchaser's facilities (or the facilities of any associated Business or representative where the Goods 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 Goods are re-sold, or items made using the Product are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Product sold or utilized in the manufacture of the Product sold in a separate identifiable account as the helpful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Item end up being components connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming possession of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Mullaloo Western Australia.

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own expense. Our warranty duration is 12 months from the date of approval of the goods, and is only valid for flaws or failure under proper use and which develop exclusively from malfunctioning style, products or workmanship.

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 offered in stipulation 35, all express and implied guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, suggestions, information or services supplied by the Seller, its employees, servants or representatives to the Buyer concerning the Item, their usage and application, are expressly omitted.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, information or services provided by the Seller or the Seller's agents or workers.

34. If the Goods are faulty, the Seller shall make great the defect by doing any one of the following at its alternative: (a) repairing 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 guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Item; (c) the payment of the cost of changing the Product or acquiring comparable Item; (d) the payment of the expense of having actually the Goods fixed (Nutritionist in Lansdale ).

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 actually initially 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 brochures, cost lists and other advertising matter, are meant merely to provide an indicator of the products explained therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the goods, an imprint to that effect may be attached and it needs to not be ruined wiped out or removed from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Nutritionist in Marangaroo .

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

Contracts and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or indicated shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in composing no provision for liquidated damages shall 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 brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Warwick . Unless specified in other places it is the purchaser's responsibility to obtain any licenses and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of efficiency of this contract anywhere and to the level to which fulfilment of the same is prevented, disappointed or prevented as an effect of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing declaration, financing change declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these conditions make up a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have formerly been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.