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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of business 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 contains a mistake, such a mistake of the Purchase Price, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Price and the cost that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to get in the Buyer's premises (or the premises of any associated Business or representative where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products made using the Item are offered by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the billing price of the Goods sold or used in the manufacture of the Goods offered in a separate recognizable account as the beneficial home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the truth that the Item become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming ownership of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Warwick Western Australia.

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the items, and is only legitimate for problems or failure under correct usage and which occur exclusively from malfunctioning style, products 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 buyer. 32. Other than as supplied in stipulation 35, all reveal and suggested service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, setup, materials or workmanship; or (c) advice, suggestions, information or services provided by the Seller, its staff members, servants or representatives to the Purchaser relating to the Item, their use and application, are expressly omitted.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, recommendations, information or services offered by the Seller or the Seller's representatives or employees.

34. If the Product are faulty, the Seller will make great the flaw by doing any among the following at its option: (a) repairing the Item; or (b) changing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the cost of replacing the Goods or getting equivalent Item; (d) the payment of the cost of having actually the Item repaired (Group Training in Carramar ).

36. The Purchaser must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our catalogues, rate lists and other marketing matter, are meant merely to provide a sign of the goods described therein and none of these shall form part of the agreement unless particularly concurred 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 impact may be affixed and it should not be defaced wiped out or eliminated from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the goods. Personal Training in Tapping WA.

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

Contracts and deliveries might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any contract, 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 revealed or indicated shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically 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 proper jurisdiction in Australia. 43 - Nutritionist in Lansdale Western Australia. Unless defined somewhere else it is the purchaser's responsibility to obtain any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of efficiency of this contract wherever and to the level to which fulfilment of the same is avoided, disappointed or impeded as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding statement, funding modification declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and agrees that these conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Goods that have formerly been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.