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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 Buyer concurs that the issue 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 referring to the problem of the Credit Note.

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If the Seller thinks about the Quotation consists of a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Product available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Cost and the rate that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Buyer's properties (or the premises of any associated Business or agent where the Item are situated) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items produced utilizing the Product are sold by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the billing rate of the Product sold or used in the manufacture of the Goods sold in a separate recognizable account as the useful residential or commercial property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Goods become components connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those facilities 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. Gym in Brabham Western Australia.

Our liability in respect of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our guarantee period is 12 months from the date of approval of the items, and is just valid for defects or failure under correct usage and which emerge exclusively 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 buyer. 32. Except as offered in clause 35, all reveal and implied service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) guidance, recommendations, information or services provided by the Seller, its staff members, servants or representatives to the Purchaser regarding the Item, their use and application, are specifically omitted.

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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 arising 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 staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, suggestions, information or services provided by the Seller or the Seller's representatives or employees.

34. If the Product are malfunctioning, the Seller shall make good the defect by doing any one of the following at its option: (a) repairing the Item; or (b) replacing the Item; or (c) taking the items back and crediting the Purchaser 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 implied by Department 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 Item or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the expense of changing the Goods or getting equivalent Product; (d) the payment of the cost of having actually the Product fixed (Personal Trainer in Padbury Western Australia).

36. The Buyer should not return any Product which the Purchaser 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 Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, catalog and other marketing matter, are intended simply to provide an indicator of the products described 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 designs or copyright functions are embodied in the design of the products, an imprint to that result might be attached and it must not be ruined eliminated or eliminated from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the products. Personal Training in Lansdale Western Australia.

If the Seller has actually followed a style or instructions provided by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, costs and expenditures of the Seller developing from any violation of a patent, trademark, signed up style, copyright or common 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, signed up style, trademark, copyright or typical law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or implied will form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically 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 will be brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Hillarys Western Australia. Unless specified elsewhere it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be alleviated of our liability or responsibility of efficiency of this contract wherever and to the level to which fulfilment of the same is prevented, annoyed or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing statement, funding modification statement, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and agrees that these terms make up a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have actually previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.