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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser 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 Quote consists of a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the rate 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 till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's premises (or the properties of any associated Company or agent where the Product are situated) without liability for trespass or any resulting damage and to take belongings 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 items made utilizing the Product are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice rate of the Item sold or utilized in the manufacture of the Product sold in a separate 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 Product is not affected by the fact that the Product become fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Gnangara .

Our liability in regard of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the products, and is only valid for flaws or failure under proper usage and which arise solely from faulty style, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in clause 35, all reveal and indicated service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, setup, products or workmanship; or (c) suggestions, suggestions, info or services offered by the Seller, its staff members, servants or representatives to the Buyer relating to the Item, their use and application, are expressly omitted.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the advice, suggestions, information or services provided by the Seller or the Seller's agents or employees.

34. If the Goods are malfunctioning, the Seller shall make good the defect by doing any one of the following at its alternative: (a) fixing the Product; or (b) changing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the expense of changing the Goods or obtaining comparable Product; (d) the payment of the cost of having the Product repaired (Gym in Joondalup WA).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first given its (composed) approval to their return. Their return must 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, price lists and other advertising matter, are meant merely to offer an indication of the goods explained therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that result might be affixed and it needs to not be ruined obliterated or eliminated from the items. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the goods. Group Training in Darch .

If the Seller has followed a design or instructions provided by the Buyer, the Buyer will indemnify the Seller against all damages, charges, expenses and expenditures 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 design or instruction offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Darch . Unless specified elsewhere it is the purchaser's responsibility 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 alleviated of our liability or obligation of performance of this contract anywhere and to the degree to which fulfilment of the exact same is prevented, frustrated 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 financing declaration, financing change statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these terms make up a security contract for the functions of the PPSA and creates a security interest in all Goods that have actually formerly been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.