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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees 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 Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote includes an error, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's facilities (or the properties of any associated Company or representative where the Product lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Product are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Item sold or utilized in the manufacture of the Item sold in a separate identifiable account as the beneficial residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not affected by the reality that the Goods become components connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those facilities for the function of recovering possession of the goods, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Darch Western Australia.

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the items, and is only valid for problems or failure under correct use and which emerge exclusively from malfunctioning design, products 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. Except as supplied in stipulation 35, all express and implied warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) style, assembly, setup, materials or workmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its workers, servants or agents to the Buyer regarding the Goods, their usage and application, are expressly omitted.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the advice, suggestions, information or services supplied by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the cost of changing the Item or getting equivalent Item; (d) the payment of the cost of having actually the Product fixed (Personal Training in Warwick ).

36. The Buyer must not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements consisted of in our catalogues, catalog and other advertising matter, are planned merely to offer an indicator of the products explained therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the products, an imprint to that impact may be attached and it needs to not be ruined eliminated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Gym in Aveley WA.

If the Seller has followed a style or directions provided by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, expenses and expenditures of the Seller developing from any violation of a patent, hallmark, signed up design, copyright or common law right. The Purchaser on its part warrants that any design or guideline offered by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or suggested shall 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 concurred by us in composing no provision 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 shall be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Gnangara Western Australia. Unless specified in other places it is the purchaser's responsibility to get any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or obligation of performance of this agreement wherever and to the degree to which fulfilment of the very same is prevented, frustrated or impeded as an effect of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, financing modification statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these terms and conditions constitute a security contract for the functions of the PPSA and produces a security interest in all Goods that have actually formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.