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25. If the Seller concerns 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 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 problem of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Cost and the cost that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Buyer's facilities (or the premises of any associated Company or representative where the Goods lie) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products manufactured utilizing the Goods are offered by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the invoice rate of the Goods offered or used in the manufacture of the Item offered in a different identifiable account as the useful home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the truth that the Product become fixtures attached to the premises of the Buyer or a third celebration, and if the Seller enters those premises for the purpose of reclaiming ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Greenwood WA.

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the flaw or failure at our own expense. Our warranty duration is 12 months from the date of approval of the goods, and is only valid for defects or failure under proper use and which emerge solely from faulty design, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as supplied in clause 35, all reveal and implied warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) advice, suggestions, information or services provided by the Seller, its workers, servants or agents to the Buyer concerning the Product, their use and application, are expressly excluded.

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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 emerging out of or in relation to the Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the suggestions, recommendations, information or services provided by the Seller or the Seller's representatives or employees.

34. If the Goods are faulty, the Seller will make great the defect by doing any among the following at its choice: (a) repairing the Product; or (b) changing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the expense of changing the Product or getting equivalent Product; (d) the payment of the cost of having the Product fixed (Nutritionist in Woodvale ).

36. The Buyer should not return any Goods 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 should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, price lists and other advertising matter, are planned merely to provide an indication of the goods explained therein and none of these will form part of the agreement unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the products, an imprint to that impact may be affixed and it needs to not be ruined eliminated or removed from the items. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Personal Training in Pearsall Western Australia.

If the Seller has followed a design or directions offered by the Purchaser, the Buyer will indemnify the Seller versus all damages, charges, expenses and costs of the Seller occurring from any infringement of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any design or instruction given by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, and no obligation will attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or indicated shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no arrangement 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 appropriate jurisdiction in Australia. 43 - Gym in Greenwood . Unless defined in other places it is the buyer's duty to acquire any permits and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or duty of performance of this agreement any place and to the level to which fulfilment of the exact same is prevented, annoyed or hindered as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing declaration, financing change statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Consumer.