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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of commercial excellent 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 consists of an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after shipment 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 Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Cost and the rate that would have been the Purchase Price 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 fully paid: (a) legal ownership of the Item; (b) to enter the Buyer's facilities (or the facilities of any associated Company or agent where the Item are located) without liability for trespass or any resulting damage and to acquire the Goods; 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 Goods are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Product sold or utilized in the manufacture of the Goods sold in a different recognizable account as the useful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not affected by the truth that the Product end up being components attached to the premises of the Buyer or a 3rd party, and if the Seller goes into those properties for the function of reclaiming belongings of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Lansdale .

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 restricted to making great the flaw or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the items, and is just legitimate for flaws or failure under correct use and which occur solely from defective style, products or workmanship.

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. Other than as supplied in clause 35, all reveal and suggested service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its employees, servants or representatives to the Purchaser concerning the Product, their usage and application, are expressly omitted.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the recommendations, suggestions, information or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or obtaining equivalent Goods; (d) the payment of the expense of having the Product repaired (Group Training in Woodvale ).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially 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, particulars of weights and dimensions consisted of in our catalogues, catalog and other advertising matter, are meant simply to provide an indication of the products explained therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the products, an imprint to that effect may be attached and it should not be defaced wiped out or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Nutritionist in Pearsall Western Australia.

If the Seller has followed a design or directions given by the Purchaser, the Buyer shall indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller occurring from any infringement of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or direction provided by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no obligation shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or suggested will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in writing no provision for liquidated damages shall 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 brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Warwick WA. Unless specified elsewhere it is the purchaser's responsibility to acquire any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of efficiency of this agreement wherever and to the degree to which fulfilment of the same is avoided, disappointed or impeded as an effect of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing declaration, funding modification statement, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these terms constitute a security arrangement for the functions of the PPSA and develops a security interest in all Item that have actually previously been provided and that will be supplied in the future by FLEX FITNESS Devices to the Client.