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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the issue 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 Cost, the Seller may at any time, including after delivery of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Price and the cost that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Buyer's facilities (or the facilities of any associated Company 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 Product are re-sold, or items produced utilizing the Goods are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing price of the Item offered or utilized in the manufacture of the Product sold in a separate identifiable account as the helpful residential or commercial property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's home in the Item is not affected by the fact that the Goods become components connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those premises for the function of reclaiming possession of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Hillarys .

Our liability in regard of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the goods, and is only legitimate for flaws or failure under correct use and which arise solely from malfunctioning style, materials or workmanship.

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. Except as supplied in stipulation 35, all express and implied service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, details or services provided by the Seller, its employees, servants or representatives to the Buyer concerning the Item, their use and application, are expressly omitted.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, details or services provided by the Seller or the Seller's agents or workers.

34. If the Goods are faulty, the Seller will make great the flaw by doing any one of the following at its alternative: (a) repairing the Product; or (b) replacing 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 accountable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the expense of changing the Item or acquiring equivalent Item; (d) the payment of the expense of having the Item repaired (Nutritionist in Joondalup ).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, price lists and other advertising matter, are meant simply to offer an indicator of the products described therein and none of these will form part of the agreement unless particularly 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 may be affixed and it should not be ruined obliterated or removed from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Gym in The Vines .

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

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no duty shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or indicated shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in writing no provision 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 suitable jurisdiction in Australia. 43 - Gym in Ellenbrook WA. Unless specified in other places it is the purchaser's duty to acquire any permits and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or duty of efficiency of this contract any place and to the level to which fulfilment of the same is prevented, frustrated or impeded as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing declaration, financing modification statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Item that have previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.