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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 Purchaser agrees that the concern 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 referring to the issue of the Credit Note.

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If the Seller considers the Quotation contains an error, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Price 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 Goods until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to go into the Buyer's properties (or the properties of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured utilizing the Product are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice price of the Product offered or used in the manufacture of the Item offered in a different identifiable account as the beneficial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not impacted by the truth that the Product end up being fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those premises for the function of recovering possession of the goods, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Darch .

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the defect or failure at our own cost. Our assurance duration is 12 months from the date of acceptance of the items, and is just valid for problems or failure under appropriate usage and which arise exclusively from faulty design, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as provided in clause 35, all express and indicated guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, recommendations, details or services provided by the Seller, its employees, servants or representatives to the Purchaser relating to the Goods, their use and application, are expressly left out.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the recommendations, recommendations, info or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 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 Item or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the cost of changing the Product or getting equivalent Goods; (d) the payment of the expense of having the Goods repaired (Group Training in Wangara ).

36. The Purchaser needs to not return any Item which the Purchaser 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 Buyer. 37. All descriptions, illustrations, particulars of weights and measurements contained in our brochures, catalog and other advertising matter, are meant simply to provide a sign of the products explained therein and none of these shall form part of the agreement unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the goods, an imprint to that impact may be affixed and it must not be defaced wiped out or eliminated from the items. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Gym in The Vines .

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

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or suggested shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Joondalup . Unless defined somewhere else it is the buyer's obligation to acquire any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of performance of this contract wherever and to the degree to which fulfilment of the same is avoided, annoyed 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, financing modification statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these conditions constitute a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.