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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of commercial great 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 considers the Quotation contains an error, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Rate and the cost that would have been the Purchase Rate 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 totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's premises (or the premises of any associated Business or representative where the Item 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 Product are re-sold, or items made utilizing the Goods are offered by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice price of the Product sold or utilized in the manufacture of the Item offered in a separate recognizable account as the useful home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the fact that the Item end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those facilities for the purpose of recovering ownership of the products, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Padbury Western Australia.

Our liability in regard of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the defect or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is just legitimate for flaws or failure under appropriate use and which emerge solely from malfunctioning design, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as supplied in provision 35, all reveal and implied guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, details or services supplied by the Seller, its workers, servants or representatives to the Purchaser relating to the Product, their use and application, are expressly left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item including loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, 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 among the following at its alternative: (a) fixing the Item; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or acquiring comparable Item; (d) the payment of the cost of having the Item fixed (Group Training in Padbury Western Australia).

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

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38. Where our patents, registered styles or copyright features are embodied in the style of the goods, an imprint to that impact may be affixed and it needs to not be ruined wiped out or removed from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Nutritionist in Warwick .

If the Seller has followed a design or directions given by the Buyer, the Buyer will indemnify the Seller against all damages, charges, costs and costs of the Seller occurring from any infringement of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or instruction given by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or suggested will form part of this agreement unless specifically 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 shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Aveley Western Australia. Unless specified somewhere else it is the buyer's responsibility to get any authorizations and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be alleviated of our liability or duty of efficiency of this contract anywhere and to the extent to which fulfilment of the very same is prevented, frustrated or impeded as a repercussion of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, funding change declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and develops a security interest in all Product that have actually previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.