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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 concern of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller thinks about the Quote contains an error, such a mistake of the Purchase Price, the Seller might at any time, including after delivery of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Buyer will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction 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 following rights in relation to the Item till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Purchaser's properties (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 belongings of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced utilizing the Product are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Item offered or utilized in the manufacture of the Item sold in a separate identifiable account as the beneficial residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Product is not impacted by the reality that the Item end up being components connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering belongings of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in henley Brook WA.

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own expense. Our guarantee period is 12 months from the date of approval of the products, and is only legitimate for problems or failure under proper use and which arise solely from malfunctioning style, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in clause 35, all reveal and indicated service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its employees, servants or representatives to the Buyer relating to the Item, their use and application, are expressly omitted.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, info or services supplied by the Seller or the Seller's representatives or employees.

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

35. If the Seller is liable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Product or acquiring equivalent Product; (d) the payment of the expense of having the Product repaired (Nutritionist in Pearsall ).

36. The Buyer should not return any Goods 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 Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, catalog and other advertising matter, are planned simply to give an indication of the products described therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that effect may be attached and it should not be defaced obliterated or eliminated from the goods. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the goods. Gym in The Vines WA.

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

Agreements and shipments may be suspended in the occasion 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 trigger beyond our control preventing or delaying the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or implied will 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 expressly agreed by us in composing no arrangement for liquidated damages shall form part of the contract.

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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 Pearsall . Unless specified somewhere else it is the buyer's duty to acquire any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of performance of this agreement anywhere and to the extent to which fulfilment of the very same is prevented, disappointed or impeded as a repercussion of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing statement, funding modification statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms make up a security arrangement for the purposes of the PPSA and creates a security interest in all Goods that have previously been provided and that will be supplied in the future by FLEX FITNESS Devices to the Client.