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

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If the Seller considers the Quote includes a mistake, 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 contract is cancelled after shipment of the Goods, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the difference between the Purchase Rate 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 Product up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Buyer's facilities (or the properties 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 Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items made using the Product are offered by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice cost of the Item offered or used in the manufacture of the Product offered in a different identifiable account as the beneficial home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not affected by the truth that the Product become fixtures attached to the properties of the Buyer or a 3rd party, and if the Seller goes into those facilities for the purpose of recovering ownership of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Ellenbrook .

Our liability in respect of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the defect or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the products, and is just valid for problems or failure under proper use and which develop solely from defective design, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in stipulation 35, all reveal and indicated warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, setup, materials or workmanship; or (c) guidance, suggestions, details or services supplied by the Seller, its employees, servants or agents to the Purchaser relating to the Product, their use and application, are specifically left out.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the advice, recommendations, info or services provided by the Seller or the Seller's agents or staff members.

34. If the Goods are defective, the Seller will make great the flaw by doing any among the following at its choice: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the cost of changing the Product or getting equivalent Product; (d) the payment of the cost of having actually the Product repaired (Group Training in Aveley WA).

36. The Purchaser needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other advertising matter, are planned merely to give an indication of the items explained therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the items, an imprint to that impact might be attached and it needs to not be defaced eliminated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Gym in Mullaloo .

If the Seller has actually followed a style or instructions given by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenditures of the Seller developing from any violation of a patent, trademark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no obligation shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or indicated shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in writing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Sorrento Western Australia. Unless defined somewhere else it is the purchaser's duty to acquire any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or duty of performance of this agreement anywhere and to the degree to which fulfilment of the exact same is avoided, disappointed or hindered as an effect of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, funding change statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these conditions constitute a security arrangement for the functions of the PPSA and develops a security interest in all Product that have actually previously been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.