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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a mistake of the Purchase Rate, the Seller may at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Rate and the price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the list below rights in relation to the Product till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Buyer's facilities (or the properties of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Item; 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 Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Item sold or utilized in the manufacture of the Item sold in a separate identifiable account as the helpful residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not affected by the truth that the Item become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those premises for the function of reclaiming possession of the items, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Hillarys Western Australia.

Our liability in respect of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the items, and is just legitimate for flaws or failure under proper usage and which occur solely from malfunctioning design, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in stipulation 35, all express and implied service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, details or services supplied by the Seller, its employees, servants or agents to the Buyer concerning the Goods, their use and application, are expressly excluded.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the advice, suggestions, details or services provided by the Seller or the Seller's agents or workers.

34. If the Item are faulty, the Seller will make excellent the problem by doing any one of the following at its option: (a) fixing the Goods; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Rate 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 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or acquiring comparable Product; (d) the payment of the cost of having the Goods fixed (Nutritionist in Pearsall WA).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first offered 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 measurements contained in our brochures, price lists and other advertising matter, are meant simply to give an indicator of the products described therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that result might be attached and it must not be ruined wiped out or removed from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Personal Trainer in Padbury WA.

If the Seller has followed a style or instructions offered by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, expenses and expenditures of the Seller arising from any violation of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause 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 giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or indicated shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in writing no provision 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 shall be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in henley Brook . Unless specified in other places it is the purchaser's responsibility to get any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of efficiency of this contract wherever and to the degree to which fulfilment of the same is avoided, frustrated or prevented as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing statement, financing change declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and concurs that these terms make up a security contract for the functions of the PPSA and creates a security interest in all Item that have actually formerly been provided which will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.