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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 concurs that the problem of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Cost and the rate that would have been the Purchase Cost 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 completely paid: (a) legal ownership of the Goods; (b) to go into the Purchaser'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 seize the Item; 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 manufactured utilizing the Product are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Goods sold in a different recognizable account as the useful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the reality that the Item end up being fixtures attached to the properties of the Purchaser or a 3rd party, and if the Seller gets in those premises for the function of reclaiming ownership of the goods, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Greenwood WA.

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the products, and is just legitimate for defects or failure under proper usage and which emerge exclusively from malfunctioning style, materials 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 offered in provision 35, all express and suggested guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) advice, recommendations, info or services provided by the Seller, its employees, servants or representatives to the Buyer relating to the Product, their usage and application, are specifically omitted.

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The Seller shall not be responsible 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 including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, recommendations, info or services supplied by the Seller or the Seller's representatives or staff members.

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

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

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements contained in our brochures, price lists and other marketing matter, are planned simply to give an indication of the goods explained therein and none of these shall form part of the agreement unless particularly concurred in composing.

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

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

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or suggested will form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing no arrangement for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Brabham Western Australia. Unless specified somewhere else it is the buyer's responsibility to obtain any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of performance of this agreement wherever and to the degree to which fulfilment of the very same is prevented, annoyed 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 funding statement, financing modification declaration, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and concurs that these terms and conditions make up a security contract for the purposes of the PPSA and produces a security interest in all Product that have formerly been supplied which will be supplied in the future by FLEX FITNESS Devices to the Consumer.