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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 agrees that the problem of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the concern 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 may at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Product available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the price that would have been the Purchase Rate if the mistake had not been made.

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

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If the Product are re-sold, or products made utilizing the Product are offered by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the invoice cost of the Goods offered or utilized in the manufacture of the Goods sold in a separate recognizable account as the beneficial property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Product is not affected by the reality that the Product end up being components attached to the properties of the Purchaser or a 3rd party, and if the Seller goes into those properties for the purpose of recovering belongings of the items, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Darch .

Our liability in respect of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our assurance period is 12 months from the date of approval of the products, and is only legitimate for flaws or failure under appropriate use and which emerge entirely from faulty 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. Except as supplied in clause 35, all express and implied warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, recommendations, information or services supplied by the Seller, its workers, servants or representatives to the Purchaser regarding the Goods, their use and application, are specifically left out.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, suggestions, info or services offered by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller will make great the flaw by doing any among the following at its choice: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the expense of changing the Item or obtaining equivalent Item; (d) the payment of the expense of having actually the Goods repaired (Gym in Ellenbrook Western Australia).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, cost lists and other advertising matter, are intended simply to give an indication of the products described therein and none of these will form part of the contract unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the goods, an imprint to that result may be attached and it must not be defaced wiped out or eliminated from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Personal Training in Wanneroo .

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

Agreements and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or suggested will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in composing no provision for liquidated damages shall form part of the contract.

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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 - Gym in Gnangara Western Australia. Unless specified elsewhere it is the buyer's duty to get any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or obligation of performance of this contract wherever and to the level to which fulfilment of the exact same is prevented, frustrated or prevented as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, financing change statement, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these terms make up a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.