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25. If the Seller issues a Credit Note to the Purchaser (whether on demand 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 problem of the Credit Note.

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If the Seller considers the Quote contains an error, such a mistake of the Purchase Rate, the Seller may at any time, including after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Rate and the cost that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Purchaser's premises (or the facilities of any associated Company or agent where the Item are located) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured using the Product are sold by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the invoice rate of the Goods sold or used in the manufacture of the Product sold in a separate recognizable account as the useful home of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Goods is not impacted by the fact that the Product end up being fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of recovering belongings of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Marangaroo WA.

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the problem or failure at our own expense. Our warranty period is 12 months from the date of approval of the products, and is only legitimate for defects or failure under correct use and which occur entirely from malfunctioning 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 buyer. 32. Except as supplied in stipulation 35, all reveal and implied guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, suggestions, info or services supplied by the Seller, its workers, servants or agents to the Buyer concerning the Product, their usage and application, are expressly left out.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods including loss or damage occurring as an outcome 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 advice, recommendations, info or services provided by the Seller or the Seller's agents or staff members.

34. If the Product are defective, the Seller will make excellent the flaw by doing any one of the following at its option: (a) repairing the Item; or (b) replacing the Product; or (c) taking the goods 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 guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the expense of changing the Item or obtaining equivalent Goods; (d) the payment of the expense of having actually the Item repaired (Group Training in Gnangara ).

36. The Buyer must not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, catalog and other advertising matter, are planned merely to give an indicator of the goods described therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the products, an imprint to that result may be affixed and it needs to not be ruined eliminated or eliminated from the products. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Gym in Singara .

If the Seller has followed a style or instructions offered by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenditures of the Seller developing from any violation of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any design or guideline offered by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or indicated shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing 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 appropriate jurisdiction in Australia. 43 - Nutritionist in Mullaloo . Unless defined somewhere else it is the purchaser's duty to get any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of efficiency of this agreement wherever and to the extent to which fulfilment of the same is prevented, annoyed or prevented as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding statement, funding modification statement, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and concurs that these terms make up a security arrangement for the functions of the PPSA and produces a security interest in all Item that have actually formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.