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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of business great 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 Quotation contains a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Rate and the price that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the facilities of any associated Business or agent where the Product are located) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Item are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice rate of the Item sold or used in the manufacture of the Goods sold in a separate recognizable account as the beneficial home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's home in the Product is not affected by the fact that the Goods become fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller enters those premises for the function of recovering belongings of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in The Vines .

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw 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 items, and is only valid for defects or failure under appropriate usage and which arise exclusively from faulty design, materials or workmanship.

Without limiting 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 provision 35, all express and suggested guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) guidance, recommendations, information or services offered by the Seller, its workers, servants or representatives to the Purchaser regarding the Item, their usage and application, are expressly left out.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, info or services provided by the Seller or the Seller's agents or staff members.

34. If the Item are defective, the Seller will make great the problem by doing any among the following at its choice: (a) repairing the Item; or (b) changing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Product or obtaining comparable Product; (d) the payment of the cost of having the Item fixed (Nutritionist in Mullaloo Western Australia).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first given its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, cost lists and other advertising matter, are meant simply to give a sign of the products described therein and none of these will form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that effect might be affixed and it must not be ruined obliterated or removed from the goods. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the products. Personal Trainer in Darch WA.

If the Seller has followed a design or directions provided by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller emerging from any infringement of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or instruction given by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no obligation 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 warranties whatsoever on our part whether expressed or implied shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in The Vines Western Australia. Unless defined elsewhere it is the buyer's obligation to obtain any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We will be alleviated of our liability or responsibility of performance of this contract any place and to the level to which fulfilment of the same is avoided, disappointed or hindered as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding declaration, funding modification declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these terms make up a security arrangement for the purposes of the PPSA and develops a security interest in all Item that have formerly been supplied which will be supplied in the future by FLEX FITNESS Devices to the Customer.