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

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If the Seller considers the Quote includes an error, such a mistake of the Purchase Price, the Seller may at any time, including 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 Product available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost and the cost that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Purchaser's premises (or the properties of any associated Business or representative where the Item 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 Goods are re-sold, or products produced utilizing the Product are sold by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice rate of the Product offered or utilized in the manufacture of the Item sold in a different recognizable account as the advantageous home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the reality that the Item end up being components connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those properties for the function of recovering possession of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Wanneroo Western Australia.

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the problem or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the products, and is only legitimate for problems or failure under appropriate usage and which develop entirely from defective design, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as offered in stipulation 35, all express and implied warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, information or services supplied by the Seller, its employees, servants or representatives to the Buyer relating to 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 arising out of or in relation to the Product including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, recommendations, info or services offered by the Seller or the Seller's representatives or employees.

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

35. If the Seller is liable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Product or obtaining comparable Product; (d) the payment of the expense of having actually the Goods fixed (Personal Training in Lansdale Western Australia).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first offered its (written) approval to their return. Their return should 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 advertising matter, are intended merely to offer an indication of the products explained therein and none of these shall form part of the contract unless particularly agreed in writing.

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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 impact may be attached and it needs to not be defaced wiped out or gotten rid of from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Group Training in Warwick WA.

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no duty 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 assurances whatsoever on our part whether revealed or suggested shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no arrangement for liquidated damages will 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 brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Woodvale Western Australia. Unless specified somewhere else it is the purchaser's responsibility to get any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of performance of this contract any place and to the extent to which fulfilment of the exact same is prevented, disappointed or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing declaration, financing modification statement, security arrangement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these terms make up a security agreement for the functions of the PPSA and produces a security interest in all Product that have actually previously been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.