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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs 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 Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller may 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 Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Price and the rate that would have been the Purchase Cost 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 fully paid: (a) legal ownership of the Item; (b) to go into the Buyer's properties (or the properties of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items produced using the Product are sold by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the billing rate of the Goods offered or utilized in the manufacture of the Product sold in a separate identifiable account as the helpful residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not impacted by the truth that the Product become fixtures connected to the properties of the Purchaser or a third celebration, and if the Seller enters those properties for the function of recovering belongings of the items, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Lansdale .

Our liability in regard of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the problem or failure at our own expense. Our assurance period is 12 months from the date of approval of the goods, and is just valid for defects or failure under correct use and which emerge solely from faulty style, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in provision 35, all express and indicated guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, info or services provided by the Seller, its staff members, servants or agents to the Buyer relating to the Goods, their use and application, are expressly excluded.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's representatives or workers.

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

35. If the Seller is responsible for a breach of a condition or guarantee 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 Goods or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Goods or getting comparable Goods; (d) the payment of the cost of having the Goods repaired (Nutritionist in Warwick Western Australia).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially given its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are meant merely to provide a sign of the goods explained therein and none of these will form part of the contract unless specifically concurred in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the products, an imprint to that effect may be attached and it must not be defaced obliterated or eliminated from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the goods. Personal Trainer in Darch Western Australia.

If the Seller has followed a design or directions given by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, costs and costs of the Seller arising from any infringement of a patent, hallmark, signed up design, copyright or typical law right. The Buyer on its part warrants that any design or direction offered by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or suggested will form part of this agreement 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 arrangement for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in henley Brook WA. Unless specified elsewhere it is the buyer's duty to get any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We will be alleviated of our liability or responsibility of performance of this contract any place and to the degree to which fulfilment of the very same is avoided, disappointed or prevented as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding statement, financing modification declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and agrees that these terms make up a security contract for the functions of the PPSA and creates a security interest in all Product that have previously been provided and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.