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

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If the Seller considers the Quote consists of an error, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost and the cost that would have been the Purchase Cost if the error had not been made.

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

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If the Goods are re-sold, or items produced using the Goods are offered by the Purchaser, the Buyer will 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 Item sold in a different recognizable account as the helpful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not affected by the truth that the Product end up being fixtures attached to the premises of the Purchaser or a third celebration, and if the Seller gets in those properties for the function of reclaiming ownership of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Gnangara .

Our liability in regard of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own cost. Our guarantee period is 12 months from the date of approval of the goods, and is just valid for defects or failure under proper usage and which emerge solely from defective design, materials or craftsmanship.

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 clause 35, all reveal and suggested warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, setup, products or workmanship; or (c) suggestions, recommendations, info or services provided by the Seller, its employees, servants or representatives to the Purchaser concerning the Item, their use and application, are specifically left out.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, details or services provided by the Seller or the Seller's agents or staff members.

34. If the Product are defective, the Seller shall make great the defect by doing any among the following at its choice: (a) fixing the Item; or (b) replacing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or obtaining equivalent Product; (d) the payment of the expense of having actually the Item fixed (Gym in The Vines WA).

36. The Buyer needs to 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 needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, catalog and other marketing matter, are planned simply to provide an indication of the goods described therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that effect might be attached and it must not be defaced wiped out or removed from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Gym in Sorrento Western Australia.

If the Seller has followed a design or directions given by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, costs and costs of the Seller arising from any violation of a patent, trademark, signed up style, copyright or typical law right. The Buyer on its part warrants that any design or guideline given by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Contracts and shipments might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing 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 forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or implied will form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in composing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Ocean Reef . Unless defined elsewhere it is the purchaser's obligation to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We will be alleviated of our liability or obligation of efficiency of this agreement anywhere and to the level to which fulfilment of the exact same is avoided, disappointed or prevented as an effect of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing declaration, funding change statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and agrees that these terms and conditions make up a security arrangement for the functions of the PPSA and produces 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 Customer.