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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 issue of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the concern of the Credit Note.

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If the Seller thinks about the Quote consists of an error, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Product available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference between the Purchase Price and the cost that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (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 take possession of the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products manufactured utilizing the Product are offered by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing cost of the Product sold or used in the manufacture of the Item offered in a different recognizable account as the beneficial home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Product is not impacted by the fact that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the purpose of recovering ownership of the items, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in henley Brook .

Our liability in respect of any defect 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 problem or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the products, and is only valid for problems or failure under proper usage and which develop exclusively from faulty style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as provided in clause 35, all reveal and implied guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) recommendations, recommendations, details or services offered by the Seller, its staff members, servants or representatives to the Purchaser concerning the Goods, their usage and application, are expressly omitted.

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The Seller shall not be responsible 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 Product consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, details or services provided by the Seller or the Seller's representatives or staff members.

34. If the Product 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 Item; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the cost of changing the Goods or acquiring equivalent Goods; (d) the payment of the cost of having actually the Item repaired (Group Training in henley Brook WA).

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 (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, cost lists and other marketing matter, are intended simply to offer a sign of the products explained therein and none of these shall form part of the contract unless specifically agreed in writing.

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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 result may be affixed and it must not be ruined eliminated or removed from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Aveley .

If the Seller has actually followed a design or directions given by the Purchaser, the Buyer will indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller developing from any violation of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or instruction given 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 case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no arrangement 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 generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Ocean Reef . Unless specified in other places it is the buyer's responsibility to acquire any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of performance of this agreement anywhere and to the extent to which fulfilment of the same is prevented, annoyed or impeded as an effect of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, funding change statement, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and concurs that these terms make up a security contract for the functions of the PPSA and produces a security interest in all Item that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.