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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of business excellent 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 Quotation consists of an error, such a mistake of the Purchase Rate, the Seller may at any time, including after delivery of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Purchaser will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference 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 Product until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Purchaser's facilities (or the properties of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to take possession of the Product; 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 manufactured using the Product are sold by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the billing rate of the Item sold or used in the manufacture of the Product offered in a separate recognizable account as the useful residential or commercial property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's home in the Product is not impacted by the reality that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of reclaiming possession of the products, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Carramar Western Australia.

Our liability in regard of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the defect or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the products, and is only legitimate for defects or failure under appropriate 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 buyer. 32. Other than as provided in clause 35, all express and suggested guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) suggestions, suggestions, information or services supplied by the Seller, its employees, servants or representatives to the Buyer relating to the Item, their use and application, are specifically left out.

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The Seller shall not be liable to the Purchaser 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 occurring as an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, information or services offered by the Seller or the Seller's representatives or workers.

34. If the Item are faulty, the Seller shall make great the problem by doing any one of the following at its choice: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Product or acquiring equivalent Product; (d) the payment of the expense of having actually the Item fixed (Gym in Joondalup ).

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given 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 dimensions included in our brochures, catalog and other advertising matter, are meant simply to give an indication of the goods described therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that impact might be attached and it needs to not be defaced eliminated or gotten rid of from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Gym in Padbury .

If the Seller has actually followed a style or directions offered by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, expenses and expenditures of the Seller occurring from any violation of a patent, trademark, signed up style, copyright or typical law right. The Buyer on its part warrants that any style or instruction offered by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and deliveries might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in writing no provision 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 generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Hillarys . Unless specified in other places it is the buyer's responsibility to get any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of efficiency of this agreement wherever and to the extent to which fulfilment of the exact same is avoided, annoyed or impeded as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, financing change statement, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these terms and conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Product that have previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Customer.