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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 industrial good 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 Rate, the Seller might at any time, including after delivery of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Rate and the rate 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 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 facilities (or the facilities of any associated Business or agent where the Product are located) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items made using the Goods are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing cost of the Goods offered or used in the manufacture of the Item sold in a different identifiable account as the advantageous residential or commercial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Product is not affected by the truth that the Item end up being components attached to the properties of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming possession of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Tapping .

Our liability in regard 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 great the flaw or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the products, and is just valid for flaws or failure under appropriate use and which occur solely 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. Other than as supplied in provision 35, all express and indicated warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its staff members, servants or representatives to the Purchaser regarding the Item, their usage and application, are specifically left out.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, details or services provided by the Seller or the Seller's agents or workers.

34. If the Product are defective, the Seller will make great the problem by doing any one of the following at its choice: (a) fixing the Product; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair of the Product; (c) the payment of the expense of changing the Item or acquiring comparable Goods; (d) the payment of the expense of having actually the Product repaired (Nutritionist in Lansdale Western Australia).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, catalog and other advertising matter, are intended simply to give a sign of the items explained therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that result may be attached and it needs to not be ruined wiped out or removed from the products. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Carramar Western Australia.

If the Seller has actually followed a design or directions provided by the Buyer, the Purchaser will indemnify the Seller versus all damages, charges, expenses and costs of the Seller arising from any infringement of a patent, trademark, registered design, copyright or typical law right. The Buyer on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or suggested shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred 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 lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Ellenbrook . Unless specified in other places it is the buyer's duty to obtain any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of performance of this contract anywhere and to the degree to which fulfilment of the exact same is avoided, annoyed or prevented as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

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