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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of commercial 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 a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Cost and the rate that would have been the Purchase Rate if the error had not been made.

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

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If the Product are re-sold, or items made utilizing the Item are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the billing rate of the Goods sold or utilized in the manufacture of the Goods offered in a different identifiable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Item is not impacted by the reality that the Goods become components connected to the properties of the Buyer or a third celebration, and if the Seller goes into those premises for the function of recovering ownership of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Padbury .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own expense. Our guarantee period is 12 months from the date of approval of the goods, and is just legitimate for flaws or failure under correct usage and which emerge exclusively from defective design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as provided in stipulation 35, all express and implied service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, recommendations, details or services supplied by the Seller, its staff members, servants or agents to the Buyer concerning the Product, their usage and application, are specifically omitted.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, details or services provided by the Seller or the Seller's representatives or staff members.

34. If the Goods are faulty, the Seller will make great the defect by doing any among the following at its option: (a) fixing the Item; or (b) changing the Item; 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 guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Goods or obtaining equivalent Goods; (d) the payment of the expense of having the Item fixed (Group Training in Mullaloo ).

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 actually first given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, catalog and other marketing matter, are planned merely to offer a sign of the products described therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that effect may be attached and it should not be ruined wiped out or removed from the goods. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the goods. Personal Training in Hillarys .

If the Seller has followed a style or instructions given by the Purchaser, the Purchaser will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller occurring from any infringement of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or guideline given by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or performance of any agreement, and no duty will attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Gym in Ocean Reef Western Australia. Unless defined somewhere else it is the buyer's responsibility to obtain any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of performance of this contract anywhere and to the extent to which fulfilment of the same is prevented, annoyed or prevented as an effect of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing statement, financing change declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Product that have actually previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.