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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 Purchaser concurs that the issue of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the problem of the Credit Note.

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If the Seller thinks about the Quotation consists of a mistake, such a mistake of the Purchase Price, the Seller might at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has actually been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction in between the Purchase Rate and the cost that would have been the Purchase Cost if the error had actually not been made.

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

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If the Goods are re-sold, or items made utilizing the Product are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the invoice cost of the Product sold or used in the manufacture of the Product offered in a different identifiable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Goods is not affected by the reality that the Product become fixtures attached to the properties of the Buyer or a 3rd celebration, and if the Seller enters those premises for the purpose of reclaiming possession of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer 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 flaw or failure, is restricted to making good the defect or failure at our own cost. Our warranty period is 12 months from the date of approval of the goods, and is only valid for problems or failure under appropriate usage and which emerge entirely from faulty style, products or workmanship.

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. Other than as provided in stipulation 35, all reveal and suggested guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) guidance, recommendations, information or services provided by the Seller, its staff members, servants or representatives to the Purchaser regarding the Product, their usage and application, are expressly omitted.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, recommendations, details or services provided by the Seller or the Seller's agents or employees.

34. If the Goods are malfunctioning, the Seller shall make great the problem by doing any one of the following at its choice: (a) fixing the Product; or (b) changing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Goods or getting equivalent Goods; (d) the payment of the expense of having the Item fixed (Personal Training in Greenwood Western Australia).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our catalogues, price lists and other marketing matter, are intended simply to offer a sign of the goods explained therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the products, an imprint to that impact might be affixed and it needs to not be defaced obliterated or gotten rid of from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Personal Trainer in Joondalup .

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

Agreements and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Singara WA. Unless defined somewhere else it is the buyer's obligation to get any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of efficiency of this agreement anywhere and to the extent to which fulfilment of the same is prevented, disappointed or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding declaration, funding change declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these terms and conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Product that have actually previously been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.