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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs 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 Purchaser 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 Price, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction in between the Purchase Rate and the price that would have been the Purchase Rate if the mistake 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 fully paid: (a) legal ownership of the Item; (b) to go into the Buyer's premises (or the properties of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured using the Product are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the billing rate of the Product sold or utilized in the manufacture of the Item offered in a different recognizable account as the useful residential or commercial property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the truth that the Product become components attached to the properties of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the purpose of recovering belongings of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Joondalup .

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the flaw or failure at our own cost. Our assurance period is 12 months from the date of approval of the goods, and is just valid for problems or failure under correct usage and which arise exclusively from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all express and indicated service warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, info or services offered by the Seller, its employees, servants or representatives to the Buyer concerning the Product, their use and application, are specifically omitted.

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The Seller shall not be responsible to the Purchaser 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 occurring as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the suggestions, recommendations, information or services provided by the Seller or the Seller's agents or employees.

34. If the Goods are faulty, the Seller shall make great the problem by doing any among the following at its choice: (a) fixing the Item; 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 liable for a breach of a condition or guarantee implied 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 comparable Product, or (b) the repair of the Goods; (c) the payment of the expense of changing the Goods or getting comparable Goods; (d) the payment of the cost of having the Product repaired (Group Training in Woodvale ).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered 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 measurements consisted of in our brochures, catalog and other advertising matter, are intended simply to give an indicator of the goods described therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that impact might be affixed and it needs to not be defaced eliminated or removed from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the items. Gym in Ellenbrook WA.

If the Seller has followed a design or instructions offered by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenditures of the Seller occurring from any violation of a patent, hallmark, signed up design, copyright or common 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, registered design, trademark, copyright or typical law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no duty will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or indicated will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Marangaroo Western Australia. Unless specified somewhere else it is the purchaser's responsibility to get any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or duty of performance of this contract wherever and to the extent to which fulfilment of the exact same is avoided, disappointed or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing statement, funding modification declaration, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these conditions make up a security agreement for the purposes of the PPSA and develops a security interest in all Product that have formerly been provided which will be supplied in the future by FLEX FITNESS Devices to the Customer.