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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quotation includes an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost and the price that would have been the Purchase Price if the mistake had not been made.

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

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If the Product are re-sold, or items manufactured utilizing the Product are sold by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the invoice cost of the Product offered or used in the manufacture of the Goods offered 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 Goods is not affected by the fact that the Product become fixtures connected to the premises of the Purchaser or a third party, and if the Seller enters those properties for the function of recovering ownership of the items, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in henley Brook .

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own expense. Our assurance duration is 12 months from the date of approval of the goods, and is only legitimate for flaws or failure under appropriate usage and which emerge solely from faulty style, products or craftsmanship.

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 reveal and implied warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, details or services supplied by the Seller, its employees, servants or representatives to the Buyer relating to the Item, their usage and application, are expressly excluded.

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The Seller shall not be responsible to the Buyer for physical or monetary 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 occurring as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is responsible for a breach of a condition or service warranty implied 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 Goods or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of changing the Item or acquiring comparable Item; (d) the payment of the expense of having actually the Item fixed (Group Training in Ellenbrook WA).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered 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 dimensions contained in our catalogues, catalog and other advertising matter, are planned merely to give an indicator of the items explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the goods, an imprint to that result may be affixed and it needs to not be defaced wiped out or gotten rid of from the goods. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the products. Nutritionist in Joondalup .

If the Seller has actually followed a design or directions offered by the Purchaser, the Purchaser will indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller occurring from any violation of a patent, hallmark, signed up design, copyright or common law right. The Buyer on its part warrants that any design or direction provided by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Agreements and deliveries might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or suggested will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in writing 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 brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Padbury . Unless defined in other places it is the buyer's obligation to obtain any permits and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or responsibility of efficiency of this agreement any place and to the level to which fulfilment of the exact same is prevented, annoyed or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding declaration, financing change statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and produces a security interest in all Goods that have formerly been supplied which will be supplied in the future by FLEX FITNESS Devices to the Consumer.