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

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If the Seller thinks about the Quote includes an error, such a mistake of the Purchase Price, the Seller might at any time, including after delivery of the Item, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference between the Purchase Rate and the rate that would have been the Purchase Cost if the error had not been made.

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

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If the Goods are re-sold, or items manufactured using the Product are offered by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the billing cost of the Product sold or used in the manufacture of the Goods sold in a separate identifiable account as the advantageous property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Item end up being components attached to the premises of the Buyer or a third celebration, and if the Seller gets in those properties for the function of recovering possession of the items, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Mullaloo WA.

Our liability in regard of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the items, and is only legitimate for flaws or failure under proper usage and which occur solely from malfunctioning style, materials 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 purchaser. 32. Except as offered in stipulation 35, all reveal and suggested warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) suggestions, suggestions, info or services provided by the Seller, its employees, servants or agents to the Purchaser concerning the Product, their use and application, are specifically excluded.

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The Seller shall not be responsible 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 Goods including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the recommendations, suggestions, info or services provided by the Seller or the Seller's representatives or employees.

34. If the Product are faulty, the Seller shall make great the problem by doing any one of the following at its alternative: (a) repairing the Product; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the cost of changing the Item or obtaining comparable Item; (d) the payment of the expense of having actually the Item repaired (Personal Trainer in Greenwood Western Australia).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our brochures, catalog and other marketing matter, are meant merely to give a sign of the items explained therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the items, an imprint to that impact might be attached and it needs to not be ruined obliterated or gotten rid of from the items. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the goods. Group Training in Mullaloo .

If the Seller has actually followed a style or directions offered by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller occurring from any infringement of a patent, trademark, signed up style, copyright or common law right. The Purchaser on its part warrants that any style or guideline offered by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Warwick . Unless defined in other places it is the purchaser's duty to acquire any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of performance of this agreement any place and to the extent to which fulfilment of the exact same is avoided, disappointed or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

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