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

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If the Seller considers the Quote contains a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Rate and the rate that would have been the Purchase Price if the error had not been made.

The Seller reserves the list below rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to enter the Purchaser's premises (or the premises of any associated Business or representative where the Product are situated) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced using the Product are offered by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or utilized in the manufacture of the Goods sold in a separate identifiable account as the advantageous home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Goods is not affected by the reality that the Item end up being fixtures attached to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those properties for the purpose of recovering ownership of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Marangaroo Western Australia.

Our liability in regard of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the defect or failure at our own cost. Our guarantee period is 12 months from the date of approval of the products, and is just legitimate for flaws or failure under appropriate usage and which develop solely from malfunctioning design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all reveal and suggested service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) style, assembly, installation, products or workmanship; or (c) recommendations, recommendations, information or services provided by the Seller, its employees, servants or agents to the Purchaser regarding the Product, their usage and application, are specifically 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 Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, recommendations, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Item are defective, the Seller will make excellent the defect by doing any one of the following at its choice: (a) fixing the Item; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or acquiring equivalent Goods; (d) the payment of the cost of having actually the Goods fixed (Personal Training in Hillarys WA).

36. The Purchaser must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, price lists and other marketing matter, are meant simply to offer a sign of the goods described therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the products, an imprint to that result may be affixed and it should not be ruined eliminated or gotten rid of from the items. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the items. Nutritionist in Carramar .

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

Agreements and deliveries might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing 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 shall be brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Wangara Western Australia. Unless specified elsewhere it is the purchaser's duty to acquire any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of performance of this agreement anywhere and to the degree to which fulfilment of the same is avoided, annoyed or impeded as an effect of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

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