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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees 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 pertaining to the concern of the Credit Note.

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If the Seller thinks about the Quotation consists of an error, such a mistake of the Purchase Rate, the Seller might at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference in 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 up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the premises of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to acquire the Goods; 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 Goods are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing price of the Product sold or utilized in the manufacture of the Product offered in a separate recognizable account as the advantageous property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the truth that the Product end up being components connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of recovering belongings of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Woodvale WA.

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the defect or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the items, and is only valid for defects or failure under correct usage and which arise entirely from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as supplied in clause 35, all express and implied guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, suggestions, information or services offered by the Seller, its staff members, servants or agents to the Purchaser relating to the Product, their usage and application, are specifically omitted.

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The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, details or services offered by the Seller or the Seller's representatives or workers.

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

35. If the Seller is liable for a breach of a condition or warranty suggested by Division 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 Product or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the expense of replacing the Goods or acquiring comparable Product; (d) the payment of the expense of having actually the Goods repaired (Gym in Greenwood WA).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, price lists and other advertising matter, are planned simply to give a sign of the products explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the products, an imprint to that result may be affixed and it must not be ruined eliminated or removed from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Group Training in Brabham Western Australia.

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

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Edgewater Western Australia. Unless specified elsewhere it is the purchaser's duty to acquire any authorizations and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of efficiency of this agreement any place and to the extent to which fulfilment of the same is prevented, disappointed or impeded as an effect of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

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