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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the problem of the Credit Note.

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

If the Seller thinks about that the Purchase Rate has been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost and the cost that would have been the Purchase Rate if the error had not been made.

The Seller reserves the list below rights in relation to the Item up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Purchaser's properties (or the premises of any associated Business or agent where the Product are located) without liability for trespass or any resulting damage and to seize the Item; 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 utilizing the Product are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the invoice rate of the Goods offered or utilized in the manufacture of the Goods sold in a separate recognizable account as the useful home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not affected by the truth that the Goods become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the function of recovering possession of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Wangara Western Australia.

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the problem or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the products, and is only legitimate for defects or failure under correct use and which arise entirely from faulty style, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as offered in clause 35, all reveal and implied warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, recommendations, information or services supplied by the Seller, its staff members, servants or representatives to the Purchaser concerning the Goods, their usage and application, are specifically omitted.

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The Seller will not be responsible to the Purchaser for physical or financial 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 arising as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, information or services offered by the Seller or the Seller's representatives or workers.

34. If the Product are malfunctioning, the Seller shall make great the defect by doing any one of the following at its alternative: (a) fixing the Product; or (b) replacing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty suggested by Department 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 Item or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or obtaining comparable Goods; (d) the payment of the cost of having the Product fixed (Nutritionist in Edgewater ).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, price lists and other advertising matter, are meant merely to offer an indication of the products 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, registered designs or copyright functions are embodied in the style of the goods, an imprint to that effect might be attached and it needs to not be ruined wiped out or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Nutritionist in Greenwood WA.

If the Seller has followed a design or guidelines provided by the Purchaser, the Purchaser will indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller developing from any infringement of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or direction given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Contracts and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no arrangement for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Hillarys Western Australia. Unless defined somewhere else it is the purchaser's obligation to acquire any permits and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or duty of performance of this contract anywhere and to the level to which fulfilment of the same is avoided, disappointed or impeded as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding declaration, funding modification statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these conditions make up a security contract for the purposes of the PPSA and produces a security interest in all Product that have previously been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.