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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of business good 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 consists of an error, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Cost and the rate 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 till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's properties (or the facilities of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to take possession of the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured using the Item are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing price of the Item sold or utilized in the manufacture of the Product offered in a different identifiable account as the helpful residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's property in the Product is not affected by the reality that the Item become fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the purpose of reclaiming possession of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Edgewater WA.

Our liability in respect of any flaw in, or failure of the items 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 assurance period is 12 months from the date of acceptance of the items, and is just valid for problems or failure under correct usage and which emerge exclusively from faulty design, materials or workmanship.

Without limiting 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 offered in stipulation 35, all reveal and suggested warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, details or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Goods, their usage and application, are expressly excluded.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, recommendations, info or services provided by the Seller or the Seller's representatives or staff members.

34. If the Goods are malfunctioning, the Seller will make great the defect by doing any among the following at its alternative: (a) repairing the Product; or (b) changing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Division 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 Goods or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the cost of replacing the Goods or acquiring equivalent Item; (d) the payment of the expense of having the Product repaired (Personal Trainer in The Vines Western Australia).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) 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, catalog and other marketing matter, are meant simply to provide an indication of the items explained therein and none of these will form part of the agreement unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the goods, an imprint to that result may be affixed and it should not be ruined wiped out or gotten rid of from the items. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Nutritionist in The Vines .

If the Seller has followed a design or instructions given by the Buyer, the Purchaser shall indemnify the Seller against all damages, charges, costs and expenditures of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Buyer on its part warrants that any design or direction offered by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed 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 agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Tapping WA. Unless defined in other places it is the buyer's responsibility to obtain any permits and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of performance of this contract any place and to the extent to which fulfilment of the very same is avoided, frustrated or prevented as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing statement, funding change declaration, security contract, and security interest has actually the meaning 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 constitute a security agreement for the purposes of the PPSA and develops a security interest in all Goods that have actually previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.