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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller thinks about the Quotation contains an error, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Product, 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 miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference between the Purchase Cost and the rate that would have been the Purchase Cost 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 completely paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the properties of any associated Business or agent where the Goods are located) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items produced using the Goods are offered by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the billing cost of the Product sold or used in the manufacture of the Goods sold in a separate recognizable account as the advantageous property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Product is not affected by the truth that the Product become components connected to the facilities of the Purchaser or a third party, and if the Seller enters those properties for the function of reclaiming possession of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Greenwood Western Australia.

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the problem or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the goods, and is only legitimate for problems or failure under appropriate use and which occur exclusively from malfunctioning design, materials 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. Except as supplied in clause 35, all express and indicated warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) suggestions, suggestions, details or services offered by the Seller, its staff members, servants or agents to the Buyer relating to the Item, their use and application, are expressly omitted.

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The Seller will not be liable to the Buyer 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 consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, recommendations, details or services provided by the Seller or the Seller's representatives or workers.

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

35. If the Seller is accountable 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 Goods or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Product or acquiring comparable Goods; (d) the payment of the cost of having actually the Item fixed (Group Training in Joondalup ).

36. The Purchaser should not return any Goods 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 needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, catalog and other advertising matter, are meant simply to give an indication of the products 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, signed up styles or copyright features are embodied in the design of the items, an imprint to that result may be affixed and it must not be ruined obliterated or eliminated from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Personal Trainer in Mullaloo .

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

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger 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 delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or indicated will form part of this contract 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 writing no arrangement for liquidated damages will 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 - Nutritionist in Padbury Western Australia. Unless defined in other places it is the purchaser's duty to get any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We will be alleviated of our liability or duty of performance of this contract wherever and to the level to which fulfilment of the same is avoided, disappointed or prevented as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, financing change declaration, security contract, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these terms make up a security contract for the functions of the PPSA and produces a security interest in all Item that have previously been provided and that will be provided in the future by FLEX FITNESS Devices to the Consumer.