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25. If the Seller issues 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 Buyer in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller thinks about the Quotation contains an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Rate and the price that would have been the Purchase Price 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 totally paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the facilities of any associated Company or representative where the Goods lie) without liability for trespass or any resulting damage and to take ownership of the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Product are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Product sold or utilized in the manufacture of the Product sold in a different identifiable account as the useful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not impacted by the reality that the Goods become components attached to the facilities of the Purchaser or a third celebration, and if the Seller gets in those properties for the function of recovering possession of the items, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Padbury Western Australia.

Our liability in respect of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw 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 approval of the products, and is only valid for defects or failure under correct use and which arise solely from defective style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in stipulation 35, all express and suggested warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, details or services supplied by the Seller, its workers, servants or representatives to the Purchaser relating to the Goods, their usage and application, are specifically left out.

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The Seller will not be liable 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 Goods consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's representatives or workers.

34. If the Goods are faulty, the Seller will make excellent the problem by doing any among the following at its choice: (a) fixing the Item; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated 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 equivalent Goods, or (b) the repair of the Item; (c) the payment of the cost of replacing the Goods or obtaining comparable Product; (d) the payment of the expense of having the Goods repaired (Group Training in Greenwood ).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, catalog and other advertising matter, are planned merely to offer an indication of the items explained therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that effect may be attached and it needs to not be defaced wiped out or eliminated from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Gym in Pearsall Western Australia.

If the Seller has actually followed a style or guidelines offered by the Purchaser, the Purchaser will indemnify the Seller against all damages, penalties, expenses and expenses of the Seller occurring from any violation of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or instruction offered by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or performance of any agreement, and no duty will attach 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 implied shall form part of this contract unless expressly set forth 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 shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Wanneroo Western Australia. Unless defined somewhere else it is the purchaser's responsibility to get any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of performance of this contract wherever and to the level to which fulfilment of the exact same is avoided, disappointed or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

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