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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 Buyer concurs that the issue 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 thinks about the Quotation consists of a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Goods readily available for collection by the Seller when required 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, on demand, the difference in between the Purchase Price and the price that would have been the Purchase Price if the error had not been made.

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

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

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Product become components attached to the premises of the Purchaser or a third party, and if the Seller goes into those facilities for the purpose of reclaiming possession of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Gnangara Western Australia.

Our liability in regard of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the items, and is just valid for problems or failure under proper usage and which occur entirely from defective design, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as provided in provision 35, all express and indicated warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its employees, servants or representatives to the Purchaser regarding the Item, their use and application, are specifically excluded.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product including loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, info or services offered by the Seller or the Seller's representatives or staff members.

34. If the Goods are faulty, the Seller will make great the flaw by doing any among the following at its alternative: (a) repairing the Goods; or (b) changing the Product; or (c) taking the products 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 Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Goods or obtaining equivalent Goods; (d) the payment of the expense of having the Product repaired (Personal Trainer in Warwick ).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given its (written) 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 dimensions consisted of in our catalogues, catalog and other marketing matter, are planned merely to offer a sign of the goods 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 design of the items, an imprint to that result might be affixed and it should not be ruined wiped out or gotten rid of from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Nutritionist in Lansdale WA.

If the Seller has actually followed a design or instructions offered by the Purchaser, the Buyer shall indemnify the Seller against all damages, penalties, costs and costs of the Seller emerging from any infringement of a patent, hallmark, registered style, copyright or typical law right. The Buyer on its part warrants that any style or guideline offered by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in writing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Padbury Western Australia. Unless specified somewhere else it is the buyer's obligation to get any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of performance of this contract wherever and to the level to which fulfilment of the exact same is prevented, annoyed or hindered as an effect of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing statement, funding change statement, security arrangement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and concurs that these terms and conditions make up a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have actually previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.