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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees that the issue 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 problem of the Credit Note.

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

If the Seller considers that the Purchase Rate has actually been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction 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 following rights in relation to the Product up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Buyer's premises (or the properties of any associated Company or representative where the Product are located) without liability for trespass or any resulting damage and to take ownership of the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured using the Goods are offered by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice rate of the Item offered or used in the manufacture of the Goods sold in a separate identifiable account as the advantageous home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Product is not impacted by the fact that the Item become components connected to the premises of the Buyer or a third party, and if the Seller gets in those premises for the function of recovering ownership of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Joondalup Western Australia.

Our liability in respect of any problem in, or failure of the goods supplied, 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 cost. Our warranty period is 12 months from the date of acceptance of the products, and is just legitimate for defects or failure under appropriate use and which emerge exclusively from malfunctioning design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in stipulation 35, all reveal and indicated warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) guidance, suggestions, information or services supplied by the Seller, its employees, servants or agents to the Buyer concerning the Product, their use and application, are specifically left out.

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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 Item including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the suggestions, suggestions, details or services provided by the Seller or the Seller's agents or staff members.

34. If the Product are defective, the Seller will make good the problem by doing any among the following at its choice: (a) repairing the Product; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the cost of replacing the Goods or acquiring equivalent Product; (d) the payment of the cost of having the Goods repaired (Personal Trainer in Wanneroo ).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, catalog and other marketing matter, are planned simply to offer an indicator of the products explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the items, an imprint to that effect might be affixed and it should not be ruined eliminated or removed from the goods. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the goods. Personal Trainer in Gnangara .

If the Seller has followed a style or instructions given by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller developing from any violation of a patent, hallmark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or instruction offered by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no responsibility shall 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 suggested will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in The Vines . Unless specified in other places it is the buyer's responsibility to obtain any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of performance of this contract anywhere and to the level to which fulfilment of the same is avoided, annoyed or impeded as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, funding change declaration, security agreement, and security interest has actually the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and concurs that these conditions make up a security contract for the purposes of the PPSA and develops a security interest in all Goods that have actually formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Consumer.