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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer 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 Quotation contains an error, such a mistake of the Purchase Cost, the Seller may at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the distinction in between the Purchase Rate and the price that would have been the Purchase Price if the error had not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Buyer's facilities (or the facilities of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured utilizing the Item are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice cost of the Product sold or utilized in the manufacture of the Item sold in a different identifiable account as the helpful property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not impacted by the fact that the Product become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of reclaiming possession of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Carramar .

Our liability in regard of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the products, and is only legitimate for problems or failure under proper usage and which arise exclusively from malfunctioning design, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in stipulation 35, all reveal and suggested guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its workers, servants or agents to the Buyer concerning the Product, their use and application, are specifically excluded.

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The Seller shall not be accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, recommendations, info or services supplied by the Seller or the Seller's agents or staff members.

34. If the Goods are defective, the Seller will make great the problem by doing any one of the following at its alternative: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Department 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 Goods or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or obtaining comparable Item; (d) the payment of the cost of having the Item fixed (Personal Trainer in Lansdale Western Australia).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first 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 measurements contained in our catalogues, cost lists and other marketing matter, are meant merely to offer an indication of the products described therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that effect might be affixed and it needs to not be ruined wiped out or gotten rid of from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Nutritionist in Warwick WA.

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

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Edgewater Western Australia. Unless specified elsewhere it is the buyer's duty to acquire any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or duty of performance of this contract wherever and to the extent to which fulfilment of the very same is prevented, disappointed or hindered as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding declaration, funding modification statement, security agreement, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and agrees that these terms and conditions make up a security agreement for the purposes of the PPSA and produces a security interest in all Item that have previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.