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

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

If the Seller thinks about that the Purchase Price has been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction in between the Purchase Price and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Purchaser's properties (or the properties of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to seize the Item; 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 made using the Item are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice 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 shall pay such total up to the Seller upon request.

30. The Seller's property in the Product is not impacted by the fact that the Item become fixtures connected to the premises of the Purchaser or a third celebration, and if the Seller gets in those facilities for the purpose of recovering ownership of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Darch .

Our liability in regard of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the items, and is just valid for defects or failure under appropriate usage and which occur solely from defective design, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in stipulation 35, all reveal and indicated guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its workers, servants or representatives to the Buyer regarding the Item, their usage and application, are specifically omitted.

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The Seller will not be liable 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 arising as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's representatives or employees.

34. If the Item are faulty, the Seller will make great the defect by doing any one of the following at its choice: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Product or getting equivalent Item; (d) the payment of the expense of having actually the Product fixed (Group Training in Singara WA).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given 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, particulars of weights and measurements contained in our brochures, catalog and other advertising matter, are intended simply to provide an indicator of the items described therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the goods, an imprint to that effect might be affixed and it should not be defaced wiped out or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Gym in The Vines .

If the Seller has followed a style or instructions offered by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, expenses and costs of the Seller arising from any violation of a patent, trademark, registered design, copyright or common law right. The Buyer on its part warrants that any design or direction given by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or delaying 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, warranties and guarantees whatsoever on our part whether revealed or implied shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Woodvale . Unless defined somewhere else it is the purchaser's responsibility to acquire any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of performance of this contract any place and to the level to which fulfilment of the exact same is avoided, frustrated or impeded as a consequence 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 declaration, funding change statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Product that have previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.