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25. If the Seller concerns 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 commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quotation includes a mistake, such a mistake of the Purchase Rate, the Seller may at any time, including after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Cost and the price that would have been the Purchase Cost if the error 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 fully paid: (a) legal ownership of the Product; (b) to enter the Purchaser's premises (or the properties of any associated Company or representative 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 Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced utilizing the Goods are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice cost of the Item sold or utilized in the manufacture of the Product offered in a separate recognizable account as the useful property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Product is not affected by the truth that the Product end up being components connected to the premises of the Buyer or a 3rd celebration, and if the Seller gets in those properties for the function of reclaiming ownership of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Carramar .

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the defect or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the items, and is just legitimate for flaws or failure under proper use and which develop solely from defective style, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in clause 35, all express and indicated service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) advice, suggestions, info or services offered by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their use and application, are specifically omitted.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's agents or workers.

34. If the Item are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its choice: (a) repairing the Goods; or (b) changing the Item; 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 liable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 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 Item; (c) the payment of the cost of changing the Item or acquiring equivalent Item; (d) the payment of the expense of having actually the Item fixed (Group Training in Ellenbrook WA).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given 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, catalog and other marketing matter, are meant simply to give an indicator of the products described therein and none of these shall form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the items, an imprint to that effect may be attached and it should not be ruined wiped out or removed from the products. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the items. Personal Training in Wangara .

If the Seller has followed a style or instructions given by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller developing from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline provided by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and deliveries might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Gnangara . Unless specified somewhere else it is the purchaser's obligation to obtain any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or obligation of efficiency of this contract wherever and to the level to which fulfilment of the very same is avoided, annoyed or hindered as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, funding 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 and conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Goods that have actually previously been supplied which will be provided in the future by FLEX FITNESS Devices to the Client.