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25. If the Seller problems 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 industrial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern of the Credit Note.

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

If the Seller thinks about that the Purchase Price has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Cost and the rate that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Buyer's premises (or the premises of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to take ownership of the Item; 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 produced using the Item are sold by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice cost of the Goods offered or used in the manufacture of the Goods sold in a separate identifiable account as the helpful home 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 fact that the Goods become fixtures connected to the premises of the Purchaser or a 3rd celebration, and if the Seller enters those facilities for the function of reclaiming ownership of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Ellenbrook .

Our liability in respect of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the problem or failure at our own expense. Our guarantee period is 12 months from the date of approval of the goods, and is only valid for problems or failure under proper usage and which emerge solely from defective design, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all reveal and implied guarantees, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, installation, materials or workmanship; or (c) advice, recommendations, information or services provided by the Seller, its employees, servants or agents to the Buyer regarding the Product, their use and application, are expressly excluded.

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The Seller shall not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the advice, recommendations, information or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Goods are malfunctioning, the Seller shall make excellent the flaw by doing any among the following at its option: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the items 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 warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Product or obtaining comparable Goods; (d) the payment of the expense of having the Product fixed (Nutritionist in Mullaloo Western Australia).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (written) 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 dimensions consisted of in our brochures, cost lists and other marketing matter, are intended merely to give an indicator of the goods described therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the items, an imprint to that effect might be attached and it should not be defaced obliterated or gotten rid of from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Gym in Greenwood Western Australia.

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

Contracts and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or indicated will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed 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 will be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Marangaroo . Unless defined in other places it is the buyer's duty to obtain any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this contract any place and to the level to which fulfilment of the same is prevented, frustrated or prevented as a consequence of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding statement, funding modification statement, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and agrees that these terms constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.