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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 Buyer agrees that the concern of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller thinks about the Quote contains an error, such a mistake of the Purchase Price, the Seller may at any time, including after shipment of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost 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 Goods till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's properties (or the premises of any associated Company or representative where the Item are situated) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured utilizing the Goods are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the billing price 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 will pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not affected by the reality that the Item end up being fixtures attached to the facilities of the Purchaser or a 3rd celebration, and if the Seller goes into those premises for the function of recovering belongings of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Brabham .

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is only legitimate for flaws or failure under correct use and which arise entirely from faulty design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all reveal and implied warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, recommendations, information or services supplied by the Seller, its workers, servants or representatives to the Buyer relating to the Product, their use and application, are specifically omitted.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial 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 worker's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, information or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is liable for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Goods or obtaining comparable Product; (d) the payment of the expense of having actually the Goods fixed (Gym in Padbury WA).

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 actually initially offered 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, particulars of weights and measurements included in our catalogues, cost lists and other advertising matter, are intended merely to offer a sign of the goods explained therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the goods, an imprint to that impact may be attached and it must not be defaced eliminated or removed from the goods. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Nutritionist in Woodvale Western Australia.

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

Contracts and shipments might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or performance of any contract, and no obligation shall attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties 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 concurred by us in composing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Pearsall WA. Unless defined elsewhere it is the purchaser's duty to get any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or duty of performance of this contract wherever and to the extent to which fulfilment of the same is avoided, frustrated or prevented as a consequence 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 statement, financing modification declaration, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these conditions make up a security arrangement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.