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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 concurs that the problem of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quotation includes an error, such a mistake of the Purchase Cost, the Seller may at any time, including after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Cost and the cost that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser 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 Business or representative where the Item are situated) 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 products manufactured using the Product are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Product offered or utilized in the manufacture of the Item offered in a different recognizable account as the helpful home of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Product is not affected by the fact that the Goods become fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those premises for the function of recovering belongings of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Wanneroo Western Australia.

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 great the defect or failure at our own expense. Our assurance duration is 12 months from the date of approval of the items, and is only valid for flaws or failure under appropriate usage and which occur entirely from malfunctioning design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in provision 35, all express and indicated service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) advice, recommendations, details or services offered by the Seller, its workers, servants or agents to the Purchaser concerning the Product, their usage and application, are specifically left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising 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, setup, or operation of the Goods; or (c) the guidance, suggestions, information or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is responsible for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Goods or obtaining comparable Product; (d) the payment of the expense of having actually the Item repaired (Nutritionist in Brabham ).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, catalog and other advertising matter, are intended simply to offer an indication of the products described therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that effect may 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 items. Nutritionist in Joondalup Western Australia.

If the Seller has actually followed a design or guidelines offered by the Purchaser, the Buyer shall indemnify the Seller against all damages, penalties, costs and expenditures of the Seller emerging from any violation of a patent, hallmark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or instruction given by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or implied shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed 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 lawsuits in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Greenwood . Unless specified somewhere else it is the buyer's duty to acquire any permits and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We will be eliminated of our liability or responsibility of efficiency of this agreement anywhere and to the degree to which fulfilment of the very same is prevented, frustrated or impeded as an effect of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

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