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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Purchaser 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 a mistake, 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 Purchaser. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Cost and the cost that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Buyer's facilities (or the properties of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to take belongings of the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made utilizing the Product are sold by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Product offered or used in the manufacture of the Goods offered in a separate identifiable account as the advantageous home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the fact that the Item become fixtures connected to the premises of the Buyer or a third party, and if the Seller enters those facilities for the function of reclaiming belongings of the goods, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Greenwood .

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the flaw or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the goods, and is only valid for flaws or failure under correct usage and which arise exclusively from malfunctioning style, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in stipulation 35, all express and implied guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, setup, products or workmanship; or (c) advice, recommendations, info or services offered by the Seller, its employees, servants or agents to the Buyer regarding the Item, their usage and application, are expressly excluded.

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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 Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the guidance, suggestions, information or services offered by the Seller or the Seller's representatives or employees.

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

35. If the Seller is liable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Item; (c) the payment of the cost of replacing the Product or obtaining equivalent Item; (d) the payment of the cost of having the Goods fixed (Gym in Marangaroo Western Australia).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first provided its (written) 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 consisted of in our brochures, catalog and other marketing matter, are meant merely to provide an indication of the goods described therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the products, an imprint to that effect may be attached and it must not be ruined wiped out or removed from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Personal Training in henley Brook .

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

Agreements and deliveries might be suspended in the occasion 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 trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no responsibility 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 guarantees whatsoever on our part whether expressed or indicated shall form part of this contract unless specifically 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 contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Warwick Western Australia. Unless defined in other places it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of performance of this contract anywhere and to the degree to which fulfilment of the same is prevented, annoyed or prevented as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

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