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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 problem of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a mistake of the Purchase Price, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, 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 Cost has been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Price and the price that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Product till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Buyer's premises (or the facilities of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured using the Goods are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the billing rate of the Goods offered or utilized in the manufacture of the Product offered in a different recognizable account as the advantageous property 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 components connected to the premises of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of recovering possession of the items, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Aveley .

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is only valid for defects or failure under correct usage and which arise solely from malfunctioning style, products 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 purchaser. 32. Except as supplied in stipulation 35, all express and indicated service warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) style, assembly, installation, materials or workmanship; or (c) advice, suggestions, details or services provided by the Seller, its staff members, servants or agents to the Purchaser regarding the Product, their use and application, are specifically excluded.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, suggestions, info or services provided by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller will make great the problem by doing any one of the following at its alternative: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Department 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 Product or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Goods or acquiring equivalent Product; (d) the payment of the expense of having actually the Item fixed (Personal Training in henley Brook ).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first provided 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 brochures, cost lists and other marketing matter, are meant merely to provide an indication of the products described therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the items, an imprint to that result may be attached and it must not be ruined wiped out or gotten rid of from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Nutritionist in Carramar .

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

Contracts and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, 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 agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Hillarys WA. Unless specified somewhere else it is the purchaser's duty to get any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of performance of this contract wherever and to the extent to which fulfilment of the exact same is prevented, frustrated or impeded as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, funding change declaration, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these conditions make up a security arrangement for the functions of the PPSA and produces a security interest in all Item that have previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.