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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 concurs that the problem of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the problem of the Credit Note.

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

If the Seller considers that the Purchase Cost has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in 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 Product till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the facilities of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to take belongings of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items manufactured using the Goods are offered by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the billing rate of the Goods sold or used in the manufacture of the Item offered in a separate recognizable account as the helpful property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not affected by the fact that the Product end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those facilities for the function of reclaiming possession of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Wangara .

Our liability in respect of any problem 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 expense. Our assurance period is 12 months from the date of acceptance of the products, and is just valid for problems or failure under proper use and which emerge solely from malfunctioning design, products 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 buyer. 32. Other than as provided in provision 35, all reveal and suggested service warranties, assurances and conditions under statute or general 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, info or services supplied by the Seller, its workers, servants or agents to the Purchaser regarding the Item, their use and application, are specifically left out.

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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 Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, information or services provided by the Seller or the Seller's representatives or staff members.

34. If the Goods are malfunctioning, the Seller will make excellent the flaw by doing any one of the following at its option: (a) fixing the Product; or (b) changing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is responsible 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 thus restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Goods or acquiring comparable Item; (d) the payment of the expense of having actually the Product repaired (Personal Training in Ellenbrook WA).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, rate lists and other marketing matter, are planned simply to give an indicator of the items 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 might be affixed and it must not be defaced eliminated or removed from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the goods. Nutritionist in Wangara .

If the Seller has followed a style or instructions offered by the Buyer, the Buyer will indemnify the Seller versus all damages, penalties, expenses and costs of the Seller occurring from any violation of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or guideline provided by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying 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 passing up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed or suggested will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no arrangement 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 will be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Carramar WA. Unless specified elsewhere it is the buyer's duty to obtain any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of performance of this agreement anywhere and to the extent to which fulfilment of the exact same is avoided, disappointed or prevented as an effect of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing declaration, funding change declaration, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and produces a security interest in all Item that have actually previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Customer.