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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quotation contains an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Buyer will make the Item available for collection by the Seller when needed 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 cost that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Buyer's premises (or the premises of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to acquire 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 made utilizing the Goods are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the billing price of the Item offered or utilized in the manufacture of the Item offered in a different identifiable account as the advantageous home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the fact that the Goods end up being components connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming possession of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Lansdale .

Our liability in respect of any defect in, or failure of the products supplied, 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 cost. Our warranty duration is 12 months from the date of acceptance of the items, and is only valid for flaws or failure under correct use and which occur solely from defective design, materials or craftsmanship.

Without restricting 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 clause 35, all reveal and implied service warranties, warranties and conditions under statute or basic 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) advice, recommendations, info or services supplied by the Seller, its employees, servants or agents to the Buyer regarding the Goods, their usage and application, are specifically left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, information or services supplied by the Seller or the Seller's agents or employees.

34. If the Product are defective, the Seller shall make great the defect by doing any among the following at its option: (a) fixing the Product; or (b) replacing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the cost of changing the Goods or getting equivalent Product; (d) the payment of the cost of having the Product fixed (Personal Trainer in Padbury Western Australia).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (written) 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 measurements included in our catalogues, rate lists and other advertising matter, are intended simply to give an indication of the products explained therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the items, an imprint to that effect may be attached and it needs to not be defaced wiped out or gotten rid of from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the products. Personal Training in Hillarys .

If the Seller has followed a design or instructions given by the Buyer, the Purchaser will indemnify the Seller versus all damages, penalties, expenses 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 style or direction given by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in writing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Marangaroo WA. Unless defined in other places it is the purchaser's obligation to acquire any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of efficiency of this contract wherever and to the extent to which fulfilment of the exact same is avoided, annoyed or impeded as a repercussion of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing declaration, funding change statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and agrees that these conditions make up a security contract for the functions of the PPSA and produces a security interest in all Goods that have formerly been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.