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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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

If the Seller considers that the Purchase Cost has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Price and the cost that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods up 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 facilities (or the facilities of any associated Company or agent where the Product are situated) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured using the Item are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing price of the Product sold or used in the manufacture of the Goods offered in a separate identifiable account as the useful home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's home in the Product is not impacted by the reality that the Product end up being fixtures connected to the premises of the Buyer or a 3rd celebration, and if the Seller goes into those facilities for the purpose of reclaiming possession of the products, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Woodvale .

Our liability in regard of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the defect or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the goods, and is only legitimate for problems or failure under correct usage and which arise solely from malfunctioning design, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in provision 35, all reveal and indicated warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) suggestions, recommendations, details or services supplied by the Seller, its staff members, servants or agents to the Purchaser relating to the Product, their use and application, are expressly left out.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, suggestions, info or services supplied by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller shall make great the flaw by doing any among the following at its option: (a) fixing the Goods; or (b) replacing 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 liable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or acquiring comparable Product; (d) the payment of the cost of having the Goods fixed (Personal Trainer in Gnangara Western Australia).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, catalog and other marketing matter, are intended simply to provide a sign of the products described therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that result might be affixed and it needs to not be ruined wiped out or gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Group Training in Marangaroo .

If the Seller has followed a style or instructions provided by the Purchaser, the Buyer will indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller emerging from any infringement of a patent, hallmark, signed up design, copyright or common law right. The Purchaser on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or typical 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 disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or implied will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in composing no provision for liquidated damages will 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 generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Greenwood Western Australia. Unless defined elsewhere it is the purchaser's duty to obtain any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of efficiency of this agreement anywhere and to the extent to which fulfilment of the exact same is avoided, annoyed or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding statement, financing modification statement, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and concurs that these terms constitute a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.