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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller thinks about the Quote includes an error, such a miscalculation of the Purchase Cost, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction in between the Purchase Price and the price that would have been the Purchase Rate if the error had actually 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 totally paid: (a) legal ownership of the Product; (b) to get in the Buyer's premises (or the premises of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items made using the Item are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing price of the Product offered or used in the manufacture of the Item sold in a different recognizable account as the beneficial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the reality that the Goods end up being fixtures connected to the premises of the Purchaser or a third party, and if the Seller gets in those facilities for the function of reclaiming possession of the items, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in The Vines Western Australia.

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own cost. Our guarantee period is 12 months from the date of approval of the items, and is only valid for problems or failure under proper usage and which occur solely from defective design, materials or craftsmanship.

Without limiting 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 clause 35, all reveal and suggested service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, info or services supplied by the Seller, its staff members, servants or representatives to the Buyer relating to the Item, their use and application, are expressly excluded.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring 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 negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, info or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Product are malfunctioning, the Seller shall make great the defect by doing any among the following at its alternative: (a) repairing the Goods; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee implied by Division 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 Product, or (b) the repair of the Product; (c) the payment of the cost of changing the Product or getting equivalent Product; (d) the payment of the expense of having the Item repaired (Nutritionist in Wangara WA).

36. The Buyer must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, cost lists and other marketing matter, are intended simply to give an indicator of the goods described therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the items, an imprint to that impact may be attached and it needs to not be ruined eliminated or removed from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Gym in Singara Western Australia.

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

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no obligation will 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 warranties whatsoever on our part whether expressed or implied will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in writing 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 proper jurisdiction in Australia. 43 - Gym in Sorrento Western Australia. Unless specified in other places it is the buyer's obligation to get any permits and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or duty of performance of this contract any place and to the level to which fulfilment of the same is prevented, disappointed or prevented as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

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