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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of industrial excellent 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 contains a mistake, such a mistake of the Purchase Price, the Seller may at any time, including after shipment of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

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

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to go into the Buyer'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 take possession of the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Goods are offered by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice price of the Product offered or used in the manufacture of the Item sold in a different 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 property in the Item is not impacted by the reality that the Product become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming belongings of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Wanneroo .

Our liability in respect of any flaw 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 defect or failure at our own cost. Our assurance duration is 12 months from the date of approval of the products, and is just valid for defects or failure under appropriate usage and which develop solely from defective design, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in provision 35, all reveal and implied guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its workers, servants or agents to the Buyer regarding the Goods, their use and application, are specifically excluded.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, recommendations, info or services supplied by the Seller or the Seller's agents or employees.

34. If the Goods are faulty, the Seller will make great the problem by doing any one of the following at its alternative: (a) fixing the Item; or (b) replacing the Item; 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 service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Product or acquiring equivalent Product; (d) the payment of the cost of having the Item fixed (Personal Training in The Vines ).

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 (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our catalogues, catalog and other advertising matter, are meant merely to give an indication of the items described therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that effect may be affixed and it must not be defaced obliterated or eliminated from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Personal Training in Singara 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, costs and expenses of the Seller developing from any infringement of a patent, trademark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or direction given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency 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, service warranties and guarantees whatsoever on our part whether expressed or suggested shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in writing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Wangara . Unless defined somewhere else it is the purchaser's responsibility to obtain any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be eliminated of our liability or duty of efficiency of this contract any place and to the level to which fulfilment of the exact same is prevented, annoyed or hindered as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing declaration, funding change declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these terms and conditions constitute a security contract for the purposes of the PPSA and develops a security interest in all Goods that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.