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25. If the Seller concerns 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 relating to the concern of the Credit Note.

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

If the Seller considers that the Purchase Price has been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Price and the price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Item; (b) to go into the Buyer's premises (or the facilities of any associated Company or agent 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 produced utilizing the Product are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the billing rate of the Product sold or used in the manufacture of the Item sold in a separate identifiable account as the beneficial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Product is not affected by the truth that the Goods become fixtures connected to the premises of the Buyer or a 3rd celebration, and if the Seller goes into those properties for the function of recovering belongings of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Darch Western Australia.

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 excellent the flaw or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the items, and is just legitimate for flaws or failure under proper usage and which emerge entirely from faulty design, materials or workmanship.

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. Other than as offered in stipulation 35, all reveal and indicated guarantees, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, setup, products or workmanship; or (c) guidance, suggestions, info or services provided by the Seller, its staff members, servants or representatives to the Purchaser concerning the Product, their usage and application, are expressly omitted.

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The Seller shall not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the recommendations, suggestions, info or services provided by the Seller or the Seller's representatives or workers.

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

35. If the Seller is liable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Item or getting equivalent Item; (d) the payment of the cost of having actually the Goods repaired (Personal Trainer in Darch ).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially given its (composed) 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 dimensions included in our catalogues, catalog and other advertising matter, are planned simply to give an indication of the goods described therein and none of these will form part of the contract unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that result might be attached and it should not be defaced eliminated or eliminated from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the goods. Nutritionist in Warwick .

If the Seller has actually followed a design or guidelines given by the Buyer, the Purchaser will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller developing from any infringement of a patent, hallmark, signed up design, copyright or typical law right. The Buyer on its part warrants that any design or direction offered by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, 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 will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or indicated will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in writing no provision 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 brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Singara Western Australia. Unless specified somewhere else it is the purchaser's duty to acquire any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this agreement wherever and to the degree to which fulfilment of the exact same is prevented, frustrated or prevented as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, financing modification statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these conditions make up a security contract for the purposes of the PPSA and produces a security interest in all Goods that have previously been supplied which will be provided in the future by FLEX FITNESS Devices to the Consumer.