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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quote includes a mistake, such a mistake of the Purchase Price, the Seller may at any time, including after shipment of the Item, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Price and the price that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to enter the Purchaser's facilities (or the premises of any associated Business or representative where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured using the Product are sold by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice cost of the Item sold or utilized in the manufacture of the Item offered in a different identifiable account as the helpful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Product is not affected by the fact that the Product end up being fixtures attached to the premises of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming possession of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Joondalup WA.

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the defect or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the products, and is only legitimate for flaws or failure under appropriate usage and which occur exclusively from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as offered in provision 35, all express and suggested service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) advice, recommendations, details or services supplied by the Seller, its employees, servants or agents to the Buyer regarding the Product, their usage and application, are expressly excluded.

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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 consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, suggestions, details or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or getting equivalent Goods; (d) the payment of the cost of having the Product fixed (Group Training in Marangaroo ).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually 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 measurements consisted of in our brochures, catalog and other marketing matter, are meant simply to offer an indicator of the goods explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the items, an imprint to that effect may be affixed and it should not be defaced eliminated or eliminated from the items. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the products. Nutritionist in Aveley Western Australia.

If the Seller has followed a design or instructions provided by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, expenses and expenses of the Seller developing from any infringement of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any design or guideline provided by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or implied will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred 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 contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Tapping Western Australia. Unless defined elsewhere it is the purchaser's obligation to acquire any permits and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of performance of this agreement any place and to the extent to which fulfilment of the very same is avoided, disappointed or impeded as an effect of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, funding modification statement, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these conditions make up a security agreement for the purposes of the PPSA and produces a security interest in all Product that have actually formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.