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

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If the Seller considers the Quotation includes a mistake, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the difference between the Purchase Price 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 fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's properties (or the properties of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced utilizing the Product are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing cost of the Goods offered or used in the manufacture of the Product sold in a different identifiable account as the helpful home 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 truth that the Item end up being components attached to the premises of the Purchaser or a third celebration, and if the Seller gets in those premises for the purpose of reclaiming belongings of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Mullaloo .

Our liability in respect of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the defect or failure at our own expense. Our warranty duration is 12 months from the date of approval of the items, and is only valid for defects or failure under appropriate usage and which occur solely from faulty style, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in provision 35, all express and suggested warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, installation, materials or workmanship; or (c) advice, recommendations, information or services provided by the Seller, its employees, servants or representatives to the Buyer relating to the Goods, their usage and application, are specifically left out.

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The Seller shall not be responsible to the Purchaser 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 consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, info or services offered by the Seller or the Seller's representatives or employees.

34. If the Product are malfunctioning, the Seller shall make good the flaw by doing any one of the following at its choice: (a) fixing the Item; or (b) replacing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted 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 Goods or acquiring equivalent Item; (d) the payment of the expense of having actually the Item repaired (Group Training in Warwick WA).

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, catalog and other marketing matter, are intended simply to provide an indicator of the goods described therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the products, an imprint to that effect may be affixed and it must not be defaced wiped out or gotten rid of from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the goods. Group Training in Darch .

If the Seller has followed a style or directions provided by the Buyer, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller arising from any infringement of a patent, hallmark, signed up design, copyright or common law right. The Buyer on its part warrants that any design or direction provided by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or performance of any contract, and no obligation will attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or indicated shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in writing no provision for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Marangaroo . Unless defined somewhere else it is the buyer's obligation to obtain any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of performance of this agreement wherever and to the degree to which fulfilment of the exact same is avoided, frustrated or impeded as an effect of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing declaration, funding modification statement, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.