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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of industrial 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 Quote consists of an error, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate and the rate 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 Product up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to get in the Buyer's premises (or the facilities of any associated Company or representative where the Item are situated) without liability for trespass or any resulting damage and to take ownership of the Product; 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 made using the Goods are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing rate of the Goods sold or used in the manufacture of the Product offered in a separate identifiable account as the beneficial home of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not impacted by the reality that the Item end up being fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming belongings of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Hillarys Western Australia.

Our liability in respect of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is just legitimate for flaws or failure under proper use and which arise entirely from malfunctioning style, products or workmanship.

Without limiting 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 supplied in clause 35, all express and indicated guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, recommendations, details or services offered by the Seller, its employees, servants or representatives to the Purchaser regarding the Item, their usage and application, are expressly left out.

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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 emerging out of or in relation to the Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the advice, recommendations, details or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Product or acquiring equivalent Product; (d) the payment of the cost of having actually the Goods fixed (Personal Trainer in Darch Western Australia).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given its (composed) approval to their return. Their return needs to 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, rate lists and other marketing matter, are intended merely to offer a sign of the products explained therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the products, an imprint to that effect might be affixed and it should not be defaced eliminated or removed from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the goods. Nutritionist in henley Brook .

If the Seller has followed a design or directions offered by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller arising from any violation of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any design or guideline offered by it will not cause the Seller to infringe any patent, signed up 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, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or suggested 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 concurred 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 lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Lansdale . Unless specified somewhere else it is the buyer's duty to get any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

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

45. 1 In this provision funding declaration, financing modification declaration, security contract, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and develops a security interest in all Goods that have formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Client.