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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer 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 Buyer in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the agreement 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 considers that the Purchase Cost has been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the distinction in between the Purchase Rate and the price that would have been the Purchase Cost if the error had not been made.

The Seller reserves the list below rights in relation to the Product till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to get in the Buyer's facilities (or the premises of any associated Company or agent where the Item are located) without liability for trespass or any resulting damage and to take ownership of 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 using the Product are offered by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the billing rate of the Goods offered or used in the manufacture of the Goods sold in a different recognizable account as the useful property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Item is not affected by the reality that the Item become fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming ownership of the items, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Edgewater Western Australia.

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the problem or failure at our own cost. Our guarantee period is 12 months from the date of approval of the goods, and is just legitimate for flaws or failure under appropriate usage and which emerge entirely from defective style, 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. Except as provided in provision 35, all reveal and indicated warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, info or services supplied by the Seller, its workers, servants or representatives to the Buyer concerning the Product, their usage and application, are expressly excluded.

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The Seller shall not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, suggestions, info or services provided by the Seller or the Seller's representatives or staff members.

34. If the Product are faulty, the Seller will make great the flaw by doing any one of the following at its choice: (a) fixing the Goods; or (b) replacing the Item; 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 thus restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the expense of changing the Item or acquiring equivalent Product; (d) the payment of the expense of having the Product fixed (Nutritionist in Woodvale Western Australia).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our brochures, rate lists and other advertising matter, are intended simply to offer an indicator of the goods described therein and none of these will form part of the agreement unless specifically agreed 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 might be attached and it needs to not be defaced wiped out or gotten rid of from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the products. Group Training in Tapping Western Australia.

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

Agreements and shipments may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Gym in Edgewater WA. Unless defined elsewhere it is the buyer's responsibility to get any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of performance of this contract any place and to the level to which fulfilment of the very same is prevented, frustrated or hindered as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing declaration, funding modification statement, security contract, and security interest has actually the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Product that have actually previously been provided and that will be provided in the future by FLEX FITNESS Devices to the Client.