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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of commercial good 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 considers the Quote consists of a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Rate and the price that would have been the Purchase Price 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 go into the Buyer's facilities (or the properties of any associated Business or representative where the Item are located) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products made using the Goods are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing price of the Item sold or used in the manufacture of the Item sold in a different identifiable account as the advantageous property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the fact that the Item become components connected to the properties of the Buyer or a 3rd celebration, and if the Seller goes into those premises for the function of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Lansdale WA.

Our liability in respect of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the items, and is just valid for defects or failure under appropriate use and which emerge solely from defective style, products 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 provided in stipulation 35, all express and suggested guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, suggestions, info or services offered by the Seller, its staff members, servants or agents to the Buyer concerning the Product, their use and application, are specifically excluded.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the advice, suggestions, details or services offered by the Seller or the Seller's agents or workers.

34. If the Goods 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 Goods; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Goods or obtaining equivalent Item; (d) the payment of the cost of having the Product fixed (Nutritionist in Brabham ).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially 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 contained in our brochures, catalog and other marketing matter, are intended simply to offer an indication of the goods explained therein and none of these will form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the products, an imprint to that impact might be attached and it should not be ruined wiped out or removed from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Personal Training in Singara .

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

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or indicated will form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed 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 - Personal Training in Padbury Western Australia. Unless defined somewhere else it is the buyer's obligation to acquire any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of performance of this agreement any place and to the degree to which fulfilment of the very same is prevented, frustrated or prevented as an effect of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding statement, financing change statement, security contract, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these conditions constitute a security arrangement for the purposes of the PPSA and creates a security interest in all Item that have previously been provided which will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.