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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quotation contains a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Rate and the cost that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's properties (or the premises of any associated Business or representative where the Product lie) without liability for trespass or any resulting damage and to take possession of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items made utilizing the Product are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Product sold or used in the manufacture of the Product offered in a separate recognizable account as the useful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not affected by the reality that the Product become components connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those properties for the function of reclaiming belongings of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Pearsall .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the defect or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the products, and is just valid for defects or failure under proper use and which occur entirely from faulty style, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in stipulation 35, all express and suggested guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, installation, materials or workmanship; or (c) advice, recommendations, info or services supplied by the Seller, its workers, servants or agents to the Purchaser regarding the Goods, their usage and application, are specifically left out.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, information or services provided by the Seller or the Seller's representatives or employees.

34. If the Goods are faulty, the Seller shall make great the problem by doing any among the following at its choice: (a) repairing the Item; or (b) changing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Product or acquiring equivalent Item; (d) the payment of the cost of having actually the Goods fixed (Nutritionist in Gnangara Western Australia).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other marketing matter, are planned merely to offer a sign of the products explained therein and none of these will form part of the agreement unless specifically concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the goods, an imprint to that effect might be affixed and it should not be defaced obliterated or gotten rid of from the products. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the products. Personal Trainer in The Vines .

If the Seller has actually followed a design or guidelines provided by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, expenses and expenses of the Seller occurring from any violation of a patent, hallmark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or instruction offered by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or common 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 activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility 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 expressed or suggested shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in composing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Ellenbrook Western Australia. Unless defined somewhere else it is the buyer's duty to acquire any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We shall be alleviated of our liability or responsibility of performance of this agreement anywhere and to the degree to which fulfilment of the exact same is avoided, disappointed or impeded as an effect of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding declaration, funding modification declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these terms and conditions constitute a security contract for the purposes of the PPSA and develops a security interest in all Product that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.