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

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If the Seller considers the Quotation consists of a mistake, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement 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 considers that the Purchase Rate has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference between the Purchase Cost and the cost that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's premises (or the premises of any associated Company or agent where the Goods lie) 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 Product are re-sold, or items produced utilizing the Product are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing rate of the Item offered or used in the manufacture of the Product offered in a separate identifiable account as the useful 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 fact that the Goods become components connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of recovering ownership of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Greenwood .

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the problem or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the goods, and is only legitimate for problems or failure under correct use and which develop solely from faulty 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 reveal and suggested guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its employees, servants or representatives to the Purchaser regarding the Item, their use and application, are expressly excluded.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, details or services offered by the Seller or the Seller's agents or workers.

34. If the Goods are malfunctioning, the Seller shall make great the defect by doing any one of the following at its option: (a) repairing the Goods; or (b) replacing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the expense of replacing the Item or acquiring comparable Goods; (d) the payment of the expense of having the Product fixed (Personal Trainer in Wanneroo Western Australia).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, catalog and other marketing matter, are intended merely to provide an indication of the products explained therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up styles 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 gotten rid of from the items. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Nutritionist in Edgewater .

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or efficiency 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, service warranties and warranties whatsoever on our part whether revealed or implied will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed 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 litigation in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Gym in Edgewater Western Australia. Unless specified in other places it is the buyer's responsibility to obtain any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of performance of this agreement any place and to the degree to which fulfilment of the very same is prevented, frustrated or hindered as an effect of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing statement, funding modification declaration, security agreement, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and concurs that these terms constitute a security arrangement for the functions of the PPSA and produces a security interest in all Product that have actually previously been provided which will be provided in the future by FLEX FITNESS Devices to the Customer.