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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of business 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 consists of an error, such a mistake of the Purchase Rate, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Purchaser 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 been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost and the cost that would have been the Purchase Rate if the error had actually not been made.

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

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If the Goods are re-sold, or items produced utilizing the Item are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Product sold or used in the manufacture of the Product sold in a separate recognizable account as the useful residential or commercial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not impacted by the reality that the Product become components connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those premises for the function of reclaiming ownership of the items, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Hillarys Western Australia.

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the flaw or failure at our own expense. Our warranty period is 12 months from the date of approval of the products, and is just legitimate for flaws or failure under proper use and which occur exclusively from malfunctioning style, 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. Except as offered in stipulation 35, all express and implied service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) advice, recommendations, details or services supplied by the Seller, its workers, servants or representatives to the Buyer regarding the Item, their usage and application, are expressly omitted.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the advice, recommendations, info or services provided by the Seller or the Seller's representatives or staff members.

34. If the Product are defective, the Seller shall make great the flaw by doing any one of the following at its option: (a) fixing the Item; or (b) changing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or getting equivalent Goods; (d) the payment of the cost of having the Item fixed (Nutritionist in Marangaroo Western Australia).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given 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 measurements included in our brochures, price lists and other marketing matter, are intended merely to provide an indicator of the products described therein and none of these will form part of the agreement unless particularly 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 effect might be affixed and it should not be defaced eliminated or removed from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Nutritionist in Tapping Western Australia.

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

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties 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 agreed by us in writing and unless expressly agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Gym in Brabham . Unless defined somewhere else it is the purchaser's responsibility to acquire any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

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

45. 1 In this provision funding declaration, financing modification declaration, security contract, and security interest has actually the significance provided 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 contract for the functions of the PPSA and creates a security interest in all Product that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.