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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote includes an error, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to enter the Purchaser's properties (or the premises of any associated Company or agent 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 Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items 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 billing cost of the Product offered or utilized in the manufacture of the Product offered in a separate recognizable account as the helpful residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Product become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in The Vines .

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the products, and is just legitimate for problems or failure under appropriate usage and which emerge exclusively from malfunctioning style, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in stipulation 35, all reveal and suggested service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) suggestions, suggestions, details or services provided by the Seller, its workers, servants or representatives to the Purchaser regarding the Goods, their use and application, are expressly omitted.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, details or services provided by the Seller or the Seller's representatives or workers.

34. If the Item are defective, the Seller shall 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 goods back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied 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 comparable Product, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Product or obtaining equivalent Item; (d) the payment of the expense of having actually the Goods repaired (Gym in Brabham ).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, catalog and other advertising matter, are intended simply to provide a sign of the items described therein and none of these will form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the products, an imprint to that impact might be affixed and it must not be defaced obliterated or gotten rid of from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Gym in Aveley Western Australia.

If the Seller has followed a style or directions provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and costs of the Seller arising from any violation of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or direction offered by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, 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 efficiency of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service 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 concurred by us in composing 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 litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Greenwood WA. Unless specified in other places it is the purchaser's duty to acquire any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of efficiency of this agreement any place and to the degree to which fulfilment of the very same is prevented, annoyed or hindered as an effect of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding declaration, financing change declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these conditions make up a security arrangement for the purposes of the PPSA and develops a security interest in all Item that have formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.